This Seattle property housed a dry cleaning operation that used tetrachloroethylene (PCE) as its cleaning solvent, with the building originally developed in 1916. A steel heating oil underground storage tank was installed on the property in 1964 and subsequently closed in place in 1986. Halogenated solvents and petroleum hydrocarbons are now suspected in groundwater beneath the site, and the property is in the Standard Cleanup program awaiting remediation. 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 heating oil UST installed in 1964 and the historical PCE-based dry cleaning operations place this property's contamination origins more than two decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The suspected groundwater contamination — halogenated solvents tied to dry cleaning and petroleum from the heating oil tank — represents the type of gradual, long-developing release those policies were written to cover. As investigation and cleanup costs begin to materialize at this site, historical carriers whose policies were in effect during the 1964–1986 operational window may bear an obligation to fund the remediation ahead.
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.