This property has a documented history as a dry cleaning facility going back to 1981. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Fabricare Cleaners operated as a dry cleaning facility in this Silverdale shopping center from 1981 until approximately May 1994, using perchloroethylene (PCE) and trichloroethene (TCE) throughout that period. Cleanup activities under the Voluntary Cleanup Program have been documented from at least 1999 through 2020, encompassing soil excavation totaling approximately 2,600 tons and 26 cubic yards, pumping of 100 gallons of contaminated groundwater for off-site disposal, operation of an air sparging and soil vapor extraction system beginning in March 2001 that removed approximately 4.46 pounds of PCE, and in-situ treatment via Hydrogen Release Compound injections and bacterial inoculations. Projected costs for future remediation alternatives range from $184,800 to $1,618,800, and cleanup work is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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.
PCE and TCE contamination at this property originated from dry cleaning operations conducted from 1981 through 1994 — a span that begins squarely in the era when occurrence-based CGL policies carried no effective pollution exclusion. The documented remediation record already encompasses more than two decades of investigative and cleanup expenditures, and the projected range for future alternatives reaches into the millions, representing ongoing liability that historical carriers who issued policies during the pre-1986 operational window may be obligated both to recover 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
