This Mercer Island property operated as Chevron Station 9-2736, a gasoline service station with underground storage tanks and fuel dispenser islands. Petroleum hydrocarbon contamination — including gasoline constituents, benzene, and MTBE — was identified in soil and groundwater following UST closure in 1995. Cleanup under the Voluntary Cleanup Program included tank removal, remedial soil excavation with confirmation sampling of excavation floors and sidewalls, and extensive multi-year groundwater monitoring. Ecology issued a No Further Action determination in 2008. 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.
Total lead detected in site soils is a direct indicator of leaded gasoline dispensing, which places this station's fueling operations firmly before 1986 — when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The contamination at this property is the product of those pre-1986 operations, and the documented remediation expenditures — tank removal, soil excavation, and years of groundwater monitoring through the 2008 NFA — are costs that historical CGL carriers who covered Chevron's operations during that window may still 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.