This shopping plaza property is the site of contamination originating from a retail space formerly occupied by a dry cleaning operation, which released perchloroethylene (PCE) and its chlorinated degradation products — trichloroethylene (TCE), cis-dichloroethylene (cis-DCE), and vinyl chloride (VC) — into the soil and groundwater. Cleanup under the Voluntary Cleanup Program has included soil excavation and off-site disposal of the highest-concentration source area soils, rerouting of contaminated footing drain discharge to the sanitary sewer, and on-site treatment of pumped groundwater. Groundwater monitoring and sewer discharge monitoring are ongoing. 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 presence of PCE alongside its full chlorinated degradation sequence — TCE, cis-DCE, and vinyl chloride — is characteristic of dry cleaning operations that predate 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The documented history of investigations and remediation actions at this plaza, including source-area excavation, groundwater treatment, and continuing discharge monitoring, represents accumulated cleanup expenditures traceable to a release from that pre-1986 operational period. Historical carriers who issued CGL policies while the dry cleaner was in operation may be obligated both to recover those documented costs and to fund the remediation work that remains.
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.