This property was home to the former Lakewood Plaza Cleaners, a laundry facility that performed dry cleaning until the mid-1980s and continued other laundry services into the early 1990s. Improper waste disposal — including tetrachloroethylene (PCE) dumped into on-site septic tanks — contaminated the underlying groundwater, leading to the site's placement on the National Priorities List in 1982. Remediation has been underway since 1983 under the Standard Cleanup program, encompassing excavation of contaminated soil and sludge, operation of a soil vapor extraction system, and continuous groundwater treatment through air stripping and granular activated carbon systems, with a recent system upgrade costing $4.1 million. 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 PCE contamination at this site traces directly to dry cleaning operations conducted before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion in Washington. Decades of remediation expenditures — soil excavation, vapor extraction, groundwater treatment infrastructure, and a $4.1 million system upgrade — have been incurred to address releases that occurred squarely within the coverage window of those historical policies. The carriers who insured the dry cleaning operation during that period may still be obligated to reimburse those documented cleanup costs and to fund the ongoing monitoring and treatment the site continues to require.
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.