This property formerly operated as a gasoline station under Time Oil Company, a long-established Pacific Northwest petroleum company that maintained an extensive network of fueling facilities. Three underground storage tanks were removed from the site in February 1992, and subsequent investigations confirmed petroleum hydrocarbons in groundwater exceeding MTCA Method A cleanup levels across multiple monitoring wells. Groundwater remediation was conducted from 2005 through 2010, employing in-situ chemical oxidation and bioremediation, and the site has since received a No Further Action determination under the Voluntary 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.
The underground storage tanks removed in 1992 were part of a gasoline station operated by Time Oil Company before 1986, when occurrence-based CGL policies were still standard and carried no effective pollution exclusion in Washington. The petroleum contamination that migrated to groundwater originated from those pre-1986 operations, and the resulting cleanup costs — five years of in-situ chemical oxidation and bioremediation from 2005 through 2010 plus the 1992 tank removals — represent expenditures that historical carriers who insured this facility during its operational window may be obligated to recover.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.