This property operated as a retail fuel facility under the Jackpot Food Mart banner for Time Oil Co., with four large commercial underground storage tanks — two at 12,000 gallons, one at 10,000 gallons, and one at 4,000 gallons — removed in early 2000. Groundwater monitoring revealed benzene, petroleum-diesel, and petroleum-gasoline concentrations exceeding cleanup levels from 2001 through 2004, prompting hydrogen peroxide injection treatment under the Voluntary Cleanup Program. As of 2026, the Washington Department of Ecology has determined that further remedial action is still necessary. 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 facility were large commercial installations whose removal in 2000 is consistent with pre-1986 installation under standard tank lifecycle timelines, placing the fueling operation squarely within the era of occurrence-based Commercial General Liability coverage. Documented remediation expenditures spanning more than two decades — tank removal, groundwater treatment, and ongoing monitoring — represent costs that historical CGL carriers who insured the facility during its pre-1986 operational period may be obligated both to reimburse and to continue funding as cleanup progresses.
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.
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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.