This property has served automotive purposes since 1920, with gasoline fueling, oil service, and repair operations documented between at least 1935 and 1969. Two underground storage tanks were discovered on-site in 1993. Investigations under the Voluntary Cleanup Program have confirmed contamination in both soil and groundwater, including TPH-d, TPH-o, BTEX, PAHs, arsenic, barium, chromium, lead, and mercury. As of 2017, petroleum-contaminated soil remained on-site and groundwater impacts continued to occur, with further groundwater characterization required by Ecology. 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.
Gasoline fueling and oil service operations at this property date to at least 1935 — more than five decades before 1986, when occurrence-based CGL policies ceased reliably covering pollution claims. The petroleum and metals contamination now documented in soil and groundwater here traces directly to those decades of pre-1986 automotive operations. With cleanup underway and additional groundwater characterization still required, the historical carriers who issued CGL policies during that operational window may be obligated both to recover past remediation expenditures and to fund the work that remains.
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.