Dry-cleaning businesses operated at the Edgewood Shopping Center from the early 1960s through 2015, discharging tetrachloroethene (PCE) and trichloroethene (TCE) into soil and groundwater via the facility's on-site septic system — which served the property from the early 1960s until connection to sanitary sewer in the mid-1980s. Cleanup under the Voluntary Cleanup Program has included excavation of contaminated soils and operation of an air sparge/soil vapor extraction system from approximately 1996 to 2017, with groundwater monitoring ongoing from at least 1994 through October 2023. Remediation work at the site continues. 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 chlorinated-solvent contamination at this property traces directly to dry-cleaning operations that began more than two decades before 1986, when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion in Washington. The documented remediation expenditures — soil excavation, over twenty years of vapor extraction, and nearly three decades of groundwater monitoring — represent costs tied to releases that occurred during the coverage period of those historical policies. Because cleanup is still underway, the carriers who insured the dry-cleaning operators during the pre-1986 window may be obligated both to reimburse past remediation costs and to fund the work that remains.
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.