This property was developed in 1969 as an automobile sales and service facility operating as Alderwood Oldsmobile-Cadillac, with a 550-gallon underground waste oil tank installed at the time of construction. A Phase II environmental assessment in December 1993 identified subsurface soil contamination from hydraulic lifts that had been in service since the building was constructed. The underground waste oil tank was removed in 1991, and groundwater monitoring beginning in 1999 confirmed petroleum product contamination at approximately 45 feet below grade, requiring remediation. The site received a No Further Action determination under the Voluntary 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.
Petroleum contamination at this property originated from automotive service operations — hydraulic lifts and an underground waste oil tank — installed and in continuous use from 1969, seventeen years before the 1986 shift to claims-made pollution exclusions in CGL policies. The documented remediation expenditures — tank removal, subsurface soil investigation, groundwater monitoring, and petroleum product cleanup — were incurred to address releases tied directly to that pre-1986 operational window. Historical carriers who issued occurrence-based CGL policies to the dealership during those years may still be obligated to recover those costs.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.