This gas station property operated with three underground storage tanks and galvanized piping under Time Oil, with the original tanks and piping replaced in 1991 when the site transitioned to fiberglass infrastructure. A Phase II environmental assessment in 1992 and subsequent site delineation confirmed petroleum contamination in groundwater, leading to soil removal and remediation under the Voluntary Cleanup Program. The site has since achieved No Further Action status from the Washington Department of Ecology. 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 original underground storage tanks at this property were installed with galvanized piping — a construction standard consistent with the 1960s and 1970s — placing the onset of petroleum operations well before the 1986 inflection point for occurrence-based Commercial General Liability coverage. The documented contamination in groundwater from those long-running fuel storage operations, and the remediation costs incurred through tank replacement, soil removal, and environmental investigation, represent the type of legacy cleanup expenditures that historical CGL carriers 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.