This property has a documented history as a gasoline service station going back to 1968. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property operated as a retail gasoline fueling facility from 1968 to 1990 under TOC Holdings Co., formerly known as Time Oil Co. The facility included underground storage tanks, fuel dispensers, and associated product delivery lines. When the USTs were removed in 1991, gasoline-range organics (GRO), benzene, toluene, ethylbenzene, and xylene (BTEX) were identified in soil and groundwater, along with lead consistent with historical leaded gasoline use. The site entered the Voluntary Cleanup Program and cleanup work is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 underground storage tanks installed and operated from 1968 through 1990 — more than two decades of fueling operations conducted entirely within the era of occurrence-based Commercial General Liability coverage. The documented presence of leaded gasoline constituents in groundwater further confirms that releases began well before 1986, when CGL policies carried no effective pollution exclusion in Washington. Historical carriers who provided coverage to TOC Holdings or its predecessors during that operational window may be obligated to fund the remediation costs this site continues to incur.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.