This property operated as a gasoline service station from 1938 to 1958, then was converted to laundry operations — including dry cleaning — in 1958. A Level II Environmental Assessment identified significant tetrachloroethylene (PCE/perc) contamination in soils behind the building and in groundwater beneath the site, attributed to past dry cleaning activities and historical on-site maintenance. Three underground storage tanks from the prior gas station use were removed and disposed off-site in 1994, and the assessment is currently recommending future remediation options. 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 1958, nearly three decades before 1986, when occurrence-based CGL policies were the industry standard and carried no effective pollution exclusion in Washington. The PCE contamination found in soil and groundwater here — traced to past management and historical operational releases — is the type of slow, diffuse release those pre-1986 policies were written to cover. Investigation and remediation costs now facing this property could be funded or recovered from historical carriers whose policies were in force during the decades of dry cleaning operations prior to 1986.
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.