The Surprise Lake Shopping Center was constructed between 1983 and 1985 in Milton, Pierce County. A retail dry cleaner, VibraClean, operated in Suite 1 from the mid-1980s through early 2016, using tetrachloroethylene (PCE) in its cleaning processes. PCE releases from those operations contaminated soil at concentrations exceeding MTCA Method A cleanup levels and impacted groundwater both on-site and at nearby properties. Cleanup under the Voluntary Cleanup Program has included removal of the dry-cleaning machine, concrete slab demolition, and three rounds of soil excavation in 2015, 2016, and 2018 totaling 109.5 cubic yards, with soil vapor extraction, air sparging, and groundwater monitoring 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.
Dry cleaning operations using PCE began at this property in the mid-1980s — at or before the 1986 inflection point when occurrence-based Commercial General Liability policies ceased reliably covering pollution claims in Washington. The contamination documented here is a textbook gradual release: solvent migrating through soil into groundwater over decades of routine operations. Remediation costs already incurred — machine removal, repeated excavations, vapor extraction, air sparging — and the monitoring costs still accruing represent expenditures that historical CGL carriers on the risk during the pre-1986 operational window may be obligated to reimburse and to continue funding.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.