This property hosted industrial operations that ended around 1976–1978, followed by roughly a decade of inactivity before Little Ethel's Auto Wrecking began operating at the site around 1988. The auto wrecking operation ran until approximately 1992, when a state inspection found moderate oil staining and odors throughout the property and the site was placed on Ecology's Contaminated Sites List. Investigations have identified halogenated organics, metals, petroleum products, non-halogenated solvents, and polycyclic aromatic hydrocarbons in groundwater and surface water. The site is currently awaiting cleanup under the Standard Cleanup program. 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.
Contamination at this property is consistent with decades of industrial use stretching back before 1976 — well before the 1986 transition away from occurrence-based Commercial General Liability policies. The range of contaminants detected in groundwater and surface water, including halogenated organics, metals, and petroleum products, points to long-term releases during the period when CGL policies carried no effective pollution exclusion. The cleanup costs this property now faces — investigation, remedial design, and remediation — could plausibly be funded by historical carriers whose policies were in force during those pre-1986 operations.
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.