This property operated as the Time Oil Company's petroleum bulk storage and distribution terminal from 1941 through October 2001, handling gasoline, diesel, kerosene, and mineral spirits across 14 aboveground storage tanks and multiple underground storage tanks — many constructed between 1939 and 1944. Cleanup activities under the Voluntary Cleanup Program have spanned from 1991 to 2013, including removal of underground and aboveground storage tanks, excavation of soil contaminated with petroleum hydrocarbons, pentachlorophenol, dioxins, and furans, a dual-phase extraction pilot test, and installation of a stormwater pretreatment system using granular-activated carbon. Cleanup work is ongoing. 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.
Contamination at this terminal originated from petroleum bulk storage and distribution operations that began in 1941 — more than four decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The range of contaminants requiring remediation — petroleum hydrocarbons, pentachlorophenol, dioxins, and furans — and the scale of cleanup already performed across two decades of active work represent substantial documented expenditures. Historical carriers who issued CGL policies to the operator during the pre-1986 window may be obligated to recover those past costs and to fund the remediation that remains 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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.