This property operated as a gasoline service station under the Jackpot 104 and Time Oil Company banners, with multiple underground storage tanks serving retail fuel sales. A gasoline release was discovered when the USTs were removed from the site in 1988, triggering an Environmental Complaint Report and correspondence between Time Oil Co. and the Department of Ecology beginning in 1989. Site assessment confirmed benzene and petroleum contamination in groundwater, and the site has since received a No Further Action determination. 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 property were installed and operated well before 1986, the year occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in Washington. The gasoline release that introduced benzene into the groundwater originated from those pre-1986 fueling operations. Investigation and remediation costs incurred to bring this site from its 1988 discovery through to No Further Action status represent expenditures that historical carriers whose CGL policies were in force during the tanks' operational years may still be obligated to cover.
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.