This Seattle property housed both a dry cleaning operation — Short Stop Dry Cleaners — and a fueling station with underground storage tanks. Site characterization in 2011 identified gasoline-range organics in soil and tetrachloroethylene (PCE) and trichloroethylene (TCE) in groundwater, reflecting contamination from both the dry cleaning and fueling operations. Cleanup activities under the Voluntary Cleanup Program have included UST excavation, extensive soil sampling, and groundwater monitoring spanning from at least 2007 through 2012. Remediation work is ongoing. 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 petroleum and solvent contamination at this property traces to fueling and dry cleaning operations that were in place well before 1986, when occurrence-based Commercial General Liability policies routinely covered pollution claims without an effective exclusion. PCE and TCE releases from dry cleaning and petroleum releases from underground storage tanks are precisely the kind of gradual, long-duration contamination events those policies were designed to address. Historical carriers who provided CGL coverage during the pre-1986 operational period may be obligated both to reimburse past remediation expenditures and to fund the cleanup work that remains ahead.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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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.