The Bellevue Lincoln Mercury car dealership operated with service bays and fuel dispensing capabilities from at least the 1960s, with a 275-gallon waste oil underground storage tank installed in that decade and an 875-gallon gasoline UST beneath the east service bay. The waste oil tank remained in service until August 1994; the gasoline UST was taken out of service in April 1990 and closed in place in April 1992. Site investigations confirmed benzene, petroleum diesel, and petroleum gasoline in groundwater, with a gasoline plume extending from the closed UST and free product detected in monitoring wells on both the dealership property and the adjacent Chrysler Realty parcel. 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.
Underground storage tanks at this dealership were installed in the 1960s — more than two decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. The petroleum contamination now confirmed in groundwater, including free product migrating to neighboring properties, traces to infrastructure that was in active use throughout that pre-1986 policy window. Historical carriers who provided CGL coverage during those decades of tank operations may be obligated to recover remediation costs already incurred and to fund the cleanup work still ahead.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.