This property housed a dry cleaning facility from 1961 to 1976, during which tetrachloroethylene (PCE) was used and effluent was disposed to a drainage field south of the site. PCE contamination was discovered in 1991, and remediation has been ongoing since that year under the Voluntary Cleanup Program. Cleanup activities have included source area excavation, operation of a soil vapor extraction system that recovered at least 23–24 pounds of PCE between 2006 and 2009, and multiple rounds of in-situ chemical oxidation treatment conducted from 2006 to 2013 and again in 2019. The site is currently undergoing monitored natural attenuation for groundwater, with continued monitoring and planning required through at least 2025. 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 PCE contamination here traces directly to dry cleaning operations conducted between 1961 and 1976, with releases and associated actions continuing through 1985 — entirely within the window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. Carriers who issued CGL policies to the operators or property owners during that period may be obligated to contribute to the documented costs already incurred for excavation, vapor extraction, and chemical oxidation, as well as to fund the continuing natural attenuation program and any future remediation work the site requires.
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.