This property operated as the East Madison Valet Cleaners dry cleaning facility from 1948 through 1983, with chlorinated solvents including tetrachloroethylene (PCE) and trichloroethylene (TCE) used in its operations. Subsurface investigations beginning in 2006 confirmed that historical solvent use had impacted both soil and groundwater quality. Cleanup under the Voluntary Cleanup Program has included the removal of three underground storage tanks, soil excavation planned at up to 6,800 tons, groundwater treatment through EOS and potassium permanganate injections ongoing since 2008, deployment of both in-situ and ex-situ soil vapor extraction systems, and long-term monitoring spanning several years. Remediation work 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.
Dry cleaning operations at this property began in 1948 — nearly four decades before 1986, when occurrence-based Commercial General Liability policies ceased reliably covering pollution claims in Washington. The PCE and TCE contamination confirmed in soil and groundwater is the type of gradual, operations-driven release those pre-1986 policies were written to address. The documented remediation expenditures — tank removals, thousands of tons of soil excavation, years of chemical injections, vapor extraction, and ongoing monitoring — represent costs that historical carriers who issued CGL policies during the 1948-to-1983 operating window may be obligated both to reimburse and to fund going forward.
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.