The building at 2106 Rainier Ave S was constructed in 1910 and historically operated as a dry cleaning business, with tetrachloroethylene (PCE) — a signature dry cleaning solvent — identified as the primary contaminant, alongside petroleum hydrocarbons. PCE was detected in soil at concentrations exceeding cleanup levels, with the spill attributed directly to previous dry cleaning activity at the gravel parking lot. Under the Voluntary Cleanup Program, site investigation activities have been completed, including borehole sealing and drumming of soil cuttings and decontamination fluids; no active remediation has yet commenced. 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 at this property originated from dry cleaning operations conducted at a facility built in 1910 — decades before 1986, when occurrence-based Commercial General Liability policies still lacked an effective pollution exclusion. The slow-release, subsurface nature of PCE contamination is precisely the type of loss those pre-1986 policies were written to cover. With soil concentrations confirmed above cleanup standards and remediation work yet to begin, the property now faces investigation design and cleanup costs that historical carriers whose policies were in effect during the dry cleaning operations 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.