The Bellevue Plaza property, developed in the late 1950s and early 1960s, has been impacted by halogenated volatile organic compounds — principally tetrachloroethylene (PCE) and trichloroethylene (TCE) — migrating from multiple neighboring dry cleaning facilities, including Town and Country Cleaners and Kwik Cleaners, forming the Bellevue Plaza Solvent Plume. Contaminated-soil excavations were first conducted in 1988 and the early 1990s, with renewed site investigations spanning 2016 through 2020 and remedial actions commencing in 2020, including mass soil removal, temporary groundwater dewatering and treatment, and installation of permanent groundwater and vapor barrier systems. The property also hosted a gasoline service station that operated from 1964 to at least 1988, contributing petroleum contamination to soil and groundwater. 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 and TCE contamination driving the Bellevue Plaza Solvent Plume originated from dry cleaning operations that were active decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The remediation costs this property now faces — multi-year investigation, soil excavation, groundwater treatment, and permanent vapor barrier infrastructure — are the type of ongoing cleanup expenditures that historical CGL carriers may be obligated to fund, given that the contaminating releases began during their policy periods.
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.