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 — and recover costs already spent.
Two dry cleaning businesses — Timm's Nu-Way Cleaner and Rich's Nu-Way Cleaner — operated at this Olympia property from 1963 through 1969, releasing chlorinated solvents that contaminated the underlying soil and groundwater. A Phase II Environmental Site Assessment completed in July 2018 confirmed tetrachloroethylene (PCE), trichloroethylene (TCE), and dichloroethylene (DCE) in the soil and groundwater source area, attributing the contamination directly to those former dry cleaning operations. Cleanup is ongoing under the Voluntary Cleanup Program, currently comprising multi-year groundwater monitoring and the collection and storage of investigation-derived waste — including soil cuttings and decontamination water — in 55-gallon drums pending characterization and disposal. 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.
The chlorinated solvent releases at this site originated from dry cleaning operations that ran exclusively from 1963 to 1969 — more than fifteen years before 1986, when occurrence-based Commercial General Liability policies ceased to reliably cover pollution claims. Carriers that issued CGL policies to Timm's Nu-Way Cleaner or Rich's Nu-Way Cleaner during that operational window wrote coverage before effective pollution exclusions were standard, and those policies may still be enforceable against the costs of this documented contamination. With groundwater monitoring ongoing and investigation-derived waste still awaiting formal characterization and disposal, the full remediation expenditure remains open — making recovery of historical coverage all the more consequential.
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
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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.
