This property operated as a dry cleaning facility using chlorinated solvents from approximately 1974 to 1993, with earlier use as a gasoline service station from 1930 to 1945. Tetrachloroethylene (PCE) contamination attributed to the dry cleaning operations has been found in soil and groundwater to depths exceeding 150 feet, at concentrations above MTCA Method A cleanup levels. Cleanup activities have included removal and off-site disposal of hazardous materials from a 5,000-gallon underground storage tank vault, decommissioning of the vault and sump with concrete in 2007, and participation in Ecology's Voluntary Cleanup Program from 2009 through its termination in April 2016. 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 using chlorinated solvents began at this site in 1974 — more than a decade before occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The PCE contamination that has migrated more than 150 feet into the subsurface is precisely the kind of gradual, ongoing release those pre-1986 policies were designed to cover. Documented remediation expenditures spanning nearly a decade of Voluntary Cleanup Program engagement, tank decommissioning, and hazardous-materials disposal represent costs that historical carriers who wrote CGL coverage during the 1974–1986 window may be obligated to reimburse — and to fund as cleanup continues.
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.