The Richland Uptown Shopping Center was developed on former U.S. government land obtained by private parties in the late 1950s and early 1960s, with property ownership last changing hands in 1978. Dry cleaning operations — first as Soap Opera Cleaners, later as Uptown Cleaners & Laundry — operated at this parcel, and a 1993 Phase I environmental assessment identified 52 underground storage tanks across the shopping center property. A 2017 investigation confirmed tetrachloroethene (PCE) in groundwater at 5,900 µg/L, exceeding Washington's MTCA cleanup level of 5 µg/L by more than a thousandfold. The site is currently awaiting cleanup under the Standard Cleanup program. 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 shopping center's development in the late 1950s and decades of subsequent commercial operations — including dry cleaning with PCE-based solvents — place the contamination origins at this property squarely within the pre-1986 window when occurrence-based CGL policies covered pollution claims without an effective exclusion. Groundwater PCE concentrations exceeding state cleanup standards by orders of magnitude point to releases that began during that coverage period and persisted over years of operation. The investigation, design, and remediation costs the property owner now faces could plausibly be funded by historical carriers whose policies were in effect when those dry cleaning operations were actively introducing contaminants into the subsurface.
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.