This property has been developed with a 1962-vintage building operated as a Les Schwab Tire Warehouse, with auto service activities — tire sales, mounting, balancing, and parts degreasing — conducted on-site and at the adjacent Les Schwab Tire Center. Tetrachloroethylene (PCE), a solvent historically used as a parts degreaser, has been identified as a contaminant attributed to those historical operations. The site is currently awaiting cleanup; only initial investigation and characterization have been completed, and no active remediation has yet commenced. 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.
Operations at this property trace to a 1962-vintage building, placing them more than two decades before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. PCE contamination from parts-degreasing activities is precisely the type of slow, gradual release those pre-1986 policies were written to address. The investigation, design, and remediation costs this property now faces represent expenditures that historical carriers whose policies were in force during those early decades of operation may be obligated to fund.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.