This property operated as a petroleum fueling station under Time Oil Co. from 1972, with three underground storage tanks — 12,000, 8,000, and 6,000 gallons — installed that same year. The USTs were removed in September 1992, and a Focused Remedial Investigation followed in 1993 under the Voluntary Cleanup Program. Groundwater contamination including lead, benzene, and petroleum hydrocarbons (diesel and gasoline range) was identified at the site. The property has since 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.
The contamination at this site originated from underground storage tanks installed and operated continuously from 1972 — fourteen years before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The remediation expenditures incurred to investigate and address the lead, benzene, and petroleum hydrocarbon contamination in groundwater — UST removal, remedial investigation, and associated cleanup — were driven by releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies to the operator during the 1972–1986 window may still be obligated to recover those documented 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.