This property has a documented history as a dry cleaning facility going back to 1963. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
The Lacey Market Square shopping center parcel sits adjacent to Howard's Cleaners, a dry cleaning operation that has been in business since 1975 and preceded by Plaza Cleaners, which operated at the same location from 1963 to 1982. PCE and trichloroethylene (TCE) — dry cleaning solvents — have been detected above state cleanup levels in both soil and groundwater on the shopping center parcel, attributed to historical practices at the neighboring dry cleaner and the direction of local groundwater flow. Investigations were conducted in December 2003 and August 2007, and approximately 200 pounds of filters and still bottoms were removed from Howard's Cleaners in April 2005; however, the primary contamination on the Lacey Market Square parcel remains entirely unremediated. 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.
Dry cleaning operations at this location date to at least 1963 — more than two decades before occurrence-based Commercial General Liability policies lost effective pollution coverage in 1986. The PCE and TCE now documented in soil and groundwater here are the product of those pre-1986 operations, and with no remediation yet undertaken, the full investigation and cleanup cost exposure lies ahead. Historical carriers who issued CGL policies to the dry cleaning operators during the pre-1986 window may be obligated to fund those forthcoming costs.
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.
