This property at the northeast corner of 24th Avenue NW and NW Market Street in Seattle has been continuously developed since at least 1905, with buildings constructed between 1913 and 1939 housing commercial tenants including a drugstore, post office, and a paints, oils, and wallpaper shop. A 2021 Phase I Environmental Site Assessment confirmed that petroleum contamination — benzene, MTBE, and vinyl chloride exceeding groundwater cleanup levels — has migrated onto the property's southwestern corner from the adjacent Market Street Texaco/Spirit Service Station, with petroleum-diesel, petroleum-gasoline, and other non-halogenated organics also confirmed above cleanup levels. The site is enrolled in the Standard Cleanup program and remediation is underway. 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.
Commercial operations at this property date back more than eight decades before 1986, documented by Sanborn Fire Insurance Maps from as early as 1893, King County assessment records, aerial photographs from 1936 onward, and city directories from 1920 onward. Occurrence-based CGL policies issued to the property's operators during that extensive pre-1986 window carried no effective pollution exclusion in Washington. The groundwater contamination now confirmed beneath this property — benzene, MTBE, and vinyl chloride all exceeding cleanup levels — has triggered remediation obligations under the Standard Cleanup program whose costs historical carriers may be obligated both to recover and to fund going forward.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.