This property has operated as a dry cleaning facility since at least 1950, using tetrachloroethylene (PCE) as its primary solvent. Site investigations have confirmed PCE in groundwater at 110,000 µg/L and trichloroethylene (TCE) at 1,800 µg/L — both far exceeding MTCA Method A cleanup levels. Vapor intrusion has been confirmed, with indoor air exceedances requiring mitigation at both the dry cleaner property and the adjacent Key Bank building. The site is classified as Awaiting Cleanup under Ecology's 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.
Dry cleaning operations using PCE began at this location more than three decades before 1986, when occurrence-based Commercial General Liability policies were still issued without effective pollution exclusions. The groundwater contamination documented here — PCE concentrations exceeding cleanup levels by orders of magnitude — is the product of decades of solvent use traceable to that pre-1986 operational window. Historical carriers whose CGL policies were in effect during the years of PCE use at this site may be obligated to fund the investigation, remediation, and vapor-intrusion mitigation costs the property now faces.
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.