This property in Tacoma's tide flats industrial area was formerly operated by TOC Holdings Company as a gas station with three underground storage tanks and a dispenser island, situated within the Fred Tebb & Sons lumber mill complex. A 500-gallon gasoline/diesel UST was removed in July 1989, with two additional tanks removed in March 1991 and July 1998. Site investigations identified benzene and petroleum hydrocarbons in groundwater, halogenated solvents in groundwater, and additional contaminants in soil. The site completed the Voluntary Cleanup Program and received a No Further Action determination in 2018. 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 at this former gas station were removed beginning in 1989 — consistent with installations predating 1986, when occurrence-based CGL policies were the industry standard and carried no effective pollution exclusion. Benzene and petroleum contamination documented in groundwater beneath the property traces to releases from those pre-1986 tank operations. Historical carriers who covered this gas station during its years of active fueling may bear obligations for the investigation and remediation costs incurred to reach the site's No Further Action status.
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.