This property has been in use as an automotive repair garage since 1927, when the existing building was constructed as the northern portion of a larger garage complex extending to State Avenue. Various automotive repair and machine shops occupied the building intermittently through the early 1990s, with the property also historically heated by fuel oil. The site is now enrolled in the Voluntary Cleanup Program; prior remediation on an adjacent property left residual petroleum-contaminated soil in place, and Monitored Natural Attenuation is proposed as a groundwater cleanup alternative, which would require multi-year monitoring and periodic sampling. 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.
Automotive and machine-shop operations at this address ran from 1927 through the early 1990s — more than six decades that encompass the entire pre-1986 window in which occurrence-based CGL policies provided pollution coverage without effective exclusion. The gasoline-range petroleum hydrocarbons and lead detected on the property are attributed to those historical on-property operations, including the use of leaded gasoline, rather than to any recent event. Historical carriers who issued CGL policies to the operators of this garage during the pre-1986 era may be obligated to fund the Voluntary Cleanup Program costs and any MNA monitoring program required to bring the site to closure.
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.