This property has housed cleaning and laundry operations since at least 1925, when the Melrose Laundry began operating in the western building constructed in 1924. Dry cleaning operations ran from the 1930s through the 1960s, supported by two underground storage tanks containing Stoddard solvent, and broader cleaning operations continued through at least 1990. A 2,000-gallon heating oil UST was removed in 1992. Groundwater sampling in 1999 detected tetrachloroethylene (PCE) at concentrations of 1.6 to 4.4 µg/L across three borings, and groundwater beneath the former dry cleaning operations remains above cleanup levels for halogenated solvents. The site is enrolled in the 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.
Cleaning and dry cleaning operations at this property span from 1925 through at least 1990 — more than six decades of continuous use predating 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The PCE contamination now confirmed in groundwater, along with a potential vapor encroachment condition from chlorinated solvents, is the type of gradual, long-duration release those policies were written to cover. Historical carriers who insured the property's operators during that pre-1986 window may bear obligations both to recover past investigation and remediation expenditures and to fund the cleanup work now underway.
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.