This property has a documented history as a dry cleaning facility going back to 1961. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as a gasoline service station from 1948 to 1960 and then housed a dry cleaning operation from approximately 1961 to 1972; three 1,600-gallon underground storage tanks and a heating oil tank associated with the earlier gas station use were removed in the early 1990s along with former building structures. Investigations confirmed tetrachloroethylene (PCE) in shallow perched groundwater at concentrations above the MTCA cleanup level, while petroleum hydrocarbons from the gas station era were not found above cleanup levels. The property is enrolled in Washington's Voluntary Cleanup Program and awaits remediation, with plans calling for excavation of 10–12 feet of soil, de-watering of perched groundwater, and potential installation of vapor barriers. 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 PCE contamination at this property originated from a dry cleaning operation that ran from 1961 to 1972 — well over a decade before 1986, when occurrence-based Commercial General Liability policies were still standard and carried no effective pollution exclusion in Washington. Chlorinated solvents like PCE migrate slowly through soil and groundwater, creating the type of continuous, long-tail release scenario that pre-1986 CGL policies were designed to cover. The anticipated remediation costs — soil excavation, groundwater de-watering, and vapor-barrier installation — are expenditures that historical carriers whose policies were in force during the 1961–1972 dry cleaning window 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.
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.
