This property has a documented history as a auto body / repair shop going back to 1971. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
Accurate Enterprises operated a heavy equipment repair facility at this Black Diamond property from 1971 to 1986, using two underground storage tanks — one diesel, one gasoline — to fuel on-site equipment, while also engaging in waste oil dumping and improper drum storage on fill material. Initial cleanup in 1990 removed 4–5 truckloads of surface-stained soil and 25–30 drums from the property. In 2014, both 1,000-gallon USTs were excavated along with the surrounding soil, and 300 gallons of contaminated water recovered from inside the tanks was disposed of. The site remains enrolled in the Standard Cleanup program with further remediation pending. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
The contamination at this property — petroleum hydrocarbons and lead in soil and groundwater — originated from heavy equipment repair operations and UST storage that ran entirely within the pre-1986 window, when occurrence-based Commercial General Liability policies had no effective pollution exclusion. Lead detected in groundwater and tank water is consistent with the use of leaded gasoline during that operational era, directly corroborating the pre-1986 origin of the release. The remediation work completed to date — surface soil removal, drum disposal, UST excavation — represents only part of the total liability, with the Standard Cleanup program still open and future costs ahead. Historical carriers who issued CGL policies to Accurate Enterprises between 1971 and 1986 may be obligated to fund both past expenditures and the remaining cleanup.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
