This property was developed in 1957 as a gasoline retail service station equipped with underground storage tanks and three vehicle service bays, operating under the B&B U Save name until at least the early 1970s. Two 6,000-gallon USTs were installed in 1957, with three additional tanks reportedly installed in 1964; all original tanks were permanently taken out of service by 1977, and two 10,000-gallon replacement tanks were subsequently installed and removed in the 1990s. Petroleum-gasoline, benzene, and non-halogenated solvents were identified in groundwater and air at the site, with surface water exposure pathways also confirmed before Ecology issued a No Further Action determination in 2023. 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.
Fuel storage and dispensing operations at this property began in 1957 — nearly three decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. The petroleum and solvent contamination detected in groundwater and air here traces directly to those decades of UST operations, and the remediation costs incurred — subsurface investigation, tank excavation, and long-term monitoring through the 2023 NFA determination — arose from releases that occurred squarely within the pre-1986 policy window. Historical carriers who underwrote CGL coverage during the 1957–1977 operational period may still be obligated to recover those documented cleanup expenditures.
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.