This property operated as a dry cleaning store from roughly 1962 to 2012, with tetrachloroethylene (PCE) contamination found in soil at locations associated with the dry cleaning equipment and from releases of wastewater and sludge outside the building. Cleanup under the Voluntary Cleanup Program has been underway since 2001, including excavation of 140 tons of contaminated soil in 2012, operation of a Soil Vapor Extraction system from 2006 through at least 2017 that removed over 600 pounds of PCE, and In-Situ Chemical Oxidation using sodium permanganate initiated in 2017 with ongoing monitoring. Cleanup work 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.
Dry cleaning operations at this site began in 1962 — more than two decades before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions in 1986. The PCE contamination in soil here is the product of decades of routine dry cleaning operations and solvent handling during that pre-1986 window. With cleanup costs already spanning soil excavation, years of vapor extraction, and chemical oxidation treatment — and remediation still ongoing — historical carriers who issued CGL policies to the operators during the 1962-to-1986 period may be obligated both to reimburse past expenditures and to fund the remaining cleanup.
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.