This property hosted automobile service and sales operations from approximately 1905 through 1950, with a laundry facility also operating on site from 1909 to 1962. During a 2015 excavation, three undocumented underground storage tanks were discovered — one of riveted steel construction, an archaic method indicating the tanks were installed well before modern welded-tank standards. A Phase II Environmental Site Assessment conducted in 1996 had already confirmed petroleum contamination at the property, and subsequent investigation has identified petroleum products and non-halogenated solvents in groundwater. Cleanup 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.
Petroleum contamination at this property traces to automobile fueling and service operations that began around 1905 — more than eight decades before the 1986 shift away from occurrence-based Commercial General Liability coverage. The undocumented USTs discovered on site, including one of pre-modern riveted steel construction, are physical evidence of infrastructure installed and operated during the era when CGL policies carried no effective pollution exclusion. Remediation costs already incurred and still accumulating — tank removal, contaminated-groundwater investigation, and ongoing cleanup — represent expenditures that historical carriers may be obligated 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.
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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.