This property operated as a dry cleaning business in University Place, with the most recent owner using tetrachloroethylene (PCE) as the primary cleaning solvent for more than a decade before 2008. Cleanup under the Voluntary Cleanup Program has included site investigation that generated 55 gallons of contaminated soil and 30 gallons of decontamination and purge water, with contamination attributed to historic PERC usage. The VCP effort experienced a period of inactivity noted in 2016, and cleanup work remains 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.
The contamination at this property is attributed to historic tetrachloroethylene usage spanning more than a decade under the most recent operator alone, leaving open the possibility that dry cleaning operations — and the associated PERC releases — extend further back under prior owners or operators. If the site's dry cleaning history reaches back before 1986, occurrence-based CGL policies issued during that window would have carried no effective pollution exclusion in Washington. The multi-year VCP engagement, including the documented investigation costs and the 2016 gap that extended the project timeline, underscores the accumulating remediation expenditures that historical carriers may be obligated to fund.
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.