This property has a documented history as a automobile dealership going back to 1959. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

Auto dealership and service center operations began at this property in 1959, more than two decades before 1986 — the year occurrence-based CGL policies stopped reliably covering pollution claims in Washington. The contamination here originated from years of vehicle servicing and underground storage tank use predating 1986, the type of gradual, continuing release that pre-1986 policies were specifically written to address. The property owner now faces a multi-year cleanup encompassing excavation, groundwater treatment, and vapor intrusion controls — costs that historical carriers whose policies were in force during those decades of dealership operations 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.