This property has been developed since at least 1944, operating as a bus depot and gasoline service station before Time Oil Co. purchased it in 1959. Four carbon steel underground storage tanks were in service at the site until their removal in 1990. Petroleum contamination was identified in groundwater, prompting enrollment in the Voluntary Cleanup Program and an extensive monitoring campaign spanning 39 groundwater monitoring rounds between 2005 and 2020. 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.
Gasoline service station operations at this property date to at least the 1940s — more than four decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum contamination discovered in groundwater is directly attributable to those decades of UST operations, and the resulting cleanup record — tank removals, site investigation, and fifteen years of groundwater monitoring — documents substantial remediation expenditures. Historical carriers who issued CGL policies during that pre-1986 operational window may still be obligated to recover those costs.
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.