This property has a documented history as a dry cleaning facility going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property was historically developed with a commercial building occupied by a dry cleaner — operating as Nu-Way/Dave's Dry Cleaners — from the 1960s through the 1980s, with a gasoline station also present on site from as early as the 1940s. Tetrachloroethylene (PCE) and trichloroethylene (TCE) concentrations in both soil and groundwater have been reported above MTCA cleanup levels, attributed to the former dry cleaning operations. Remedial activities have included the removal of three underground storage tanks and associated petroleum-impacted soil in 2005, along with multi-year monitoring of soil, soil gas, and groundwater extending from 2001 through 2018. Cleanup work under the Voluntary Cleanup Program is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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. PCE and TCE releases from those pre-1986 operations have driven years of investigation, tank removal, soil excavation, and long-term monitoring — documented costs that historical carriers may be obligated to reimburse. With cleanup still underway, those same policies may also cover the remediation expenditures yet to come.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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.