This property operated as a Texaco retail fuel distribution facility with underground storage tanks present by at least 1973, when Time Oil Co. purchased the site and continued retail fuel sales. Additional USTs were installed in 1975, and the original service station building was demolished in 1985. Benzene, petroleum-diesel, and petroleum-gasoline have been detected in groundwater at the site. The property completed cleanup under the Voluntary Cleanup Program and has received a No Further Action determination from 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.
Petroleum contamination at this site — benzene, diesel, and gasoline constituents in groundwater — traces directly to underground storage tank operations that were in place more than a decade before 1986. Occurrence-based CGL policies issued to the operators during those pre-1986 fueling operations carried no effective pollution exclusion under Washington law and remain enforceable today. The remediation costs incurred to reach No Further Action status — including UST removal, site assessment, and groundwater investigation — represent expenditures that historical carriers from that era may 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.