This property was developed as a retail gasoline station prior to 1965, when it was purchased by Time Oil Co. (currently TOC Holdings Co.). Investigations revealed petroleum contamination in groundwater, and an abandoned underground storage tank was discovered beneath the former building in addition to three USTs removed in August 2009. Remediation under the Voluntary Cleanup Program included in-situ chemical oxidation injections for groundwater treatment and installation of off-site groundwater monitoring wells, culminating in a No Further Action opinion from Ecology in 2015. 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.
Petroleum operations at this property predate 1965 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions in 1986. The contamination requiring remediation here — petroleum hydrocarbons migrating through groundwater far enough to require off-site monitoring wells — is the kind of gradual, long-duration release those earlier policies were designed to cover. Documented cleanup expenditures including UST removals, chemical oxidation treatment, and multi-year groundwater monitoring represent costs that historical carriers who wrote CGL coverage during the station's pre-1986 operating years may be obligated to reimburse.
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.