The commercial building at this Mountlake Terrace property was constructed in the early 1950s, with dry cleaning operations identified at the address as early as 1962 and continuing through at least 1976. A remedial investigation completed in 2013 confirmed a dissolved-phase tetrachloroethylene (PCE) groundwater plume extending from the former dry cleaner, with PCE also detected in surface water at the distal end of the plume and trichloroethylene (TCE) in groundwater. Soil vapor impacts have been identified in downgradient residential areas. The site is enrolled in Ecology's Voluntary Cleanup Program with cleanup underway. 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 operations at this property began by 1962 and ran for nearly two decades — well within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The contamination now requiring cleanup — a PCE groundwater plume reaching surface water and vapor intrusion affecting nearby residential properties — traces to those pre-1986 solvent-based operations. Historical carriers who insured the dry cleaning business during its 1962-to-late-1970s operational window may be obligated to cover remediation costs already incurred and to fund the ongoing 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.
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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.