This property served as a vehicle maintenance and service facility operated by Puget Sound Energy, with a garage building containing service bays equipped with hydraulic lifts. A historic release of hydraulic oil from a lift in the garage — first identified during a 1991 site assessment — along with contamination linked to former auto maintenance operations in a second area of the property, triggered cleanup under the Standard Cleanup program. Remediation has included two soil excavations removing approximately 536 tons and 30 cubic yards of contaminated material, extensive soil and groundwater sampling, decommissioning of six monitoring wells, off-site disposal of contaminated soil, and backfilling with 1,200 cubic yards of clean overburden. Cleanup work is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 site stems from a hydraulic oil release and auto maintenance operations described as historic at the time of their 1991 discovery, placing the origin of the release well before that date and potentially within the window when occurrence-based Commercial General Liability policies were standard. The documented remediation expenditures — large-scale soil excavation, groundwater investigation, monitoring well installation and decommissioning, off-site disposal — represent costs that historical carriers whose policies were in effect during the facility's earlier operational years may be obligated to both recover and to fund as cleanup continues.
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.
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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.