This property hosted sequential dry cleaning operations — carried out by two different tenants over nearly a decade — using tetrachloroethylene (PCE), the primary contaminant documented at the site. An EPA-supervised cleanup action in 1991 removed drums, sludge, and contaminated soil from the property. The site is now enrolled in Washington's Voluntary Cleanup Program, with interim and final remediation of soil and groundwater contamination still planned. 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 at this property was well underway before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and contained no effective pollution exclusion. The 1991 EPA-supervised removal of drums, sludge, and contaminated soil represents documented remediation expenditures that historical carriers whose policies were in force during those dry cleaning operations may be obligated to recover. With interim and final soil and groundwater remediation still ahead, those same pre-1986 policies may also be obligated to fund the prospective costs of completing the cleanup.
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.
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.