This property has housed two contamination-generating operations since 1969: a dry cleaning facility (Daisy Clothing Care, operating until 1985) and an adjoining Bridgestone Firestone auto service center equipped with six service bays, hydraulic lifts, and an underground oil/water separator. Petroleum-impacted soils from the auto service center — approximately 200 cubic yards exceeding MTCA cleanup levels — remain beneath the concrete floor, while tetrachloroethylene (PCE) contamination from the former dry cleaner affected a smaller volume of roughly 10 cubic yards. The oil/water separator was removed during remediation in 2005, and cleanup 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.
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.
Both contamination sources at this property — petroleum releases from the auto service center and chlorinated solvent releases from dry cleaning operations — originated from facilities built and operated continuously from 1969, well within the era of occurrence-based CGL policies with no effective pollution exclusion. The scale of remaining contamination, particularly the 200 cubic yards of petroleum-impacted soil still in place beneath the facility, signals substantial remediation costs yet to be incurred. Historical carriers who covered these operations during the pre-1986 window may be obligated both to reimburse past cleanup expenditures and to fund the remediation work still ahead.
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.