A gas station and service shop operated on the eastern portion of this property from 1928 to 1972, while an auto repair shop on the western side had been in continuous operation for approximately fifty years or longer as of a 2002 health department visit — placing its origins at 1952 or earlier. Petroleum products are identified as suspected groundwater contaminants at the site, though no site-specific groundwater data has yet been collected. The property is currently awaiting cleanup under Washington's 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.
Automotive fueling and repair operations at this Tacoma property span from 1928 through at least the early 2000s, covering the entire pre-1986 occurrence-based CGL era when commercial liability policies carried no effective pollution exclusion. With cleanup still ahead — site characterization, investigation, and remediation of suspected petroleum contamination in groundwater — the costs the property owner faces could plausibly be funded by historical carriers whose policies were in effect during the decades of fuel storage and vehicle servicing that preceded 1986.
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.