This property was developed with a gasoline station equipped with five underground storage tanks in 1968, which operated on the southern portion of the site until 1992. A dry cleaning facility — Twin Lakes Cleaners — operated at the property from as early as 1977 through 2016, with a boiler permit issued to the tenant in 1980. Phase II environmental investigations have confirmed tetrachloroethylene (PCE) in groundwater at concentrations up to 59.3 µg/L, more than eleven times the MTCA Method A cleanup level, and PCE in soil gas at levels exceeding screening levels by an order of magnitude. Cleanup is underway under Washington'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.
Both the gasoline station and the dry cleaning operation at this property were active well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The PCE contamination now documented in groundwater and soil vapor traces directly to decades of dry cleaning operations that began in 1977 — squarely within the coverage window of those historical policies. Remediation costs already incurred and still accumulating under the Standard Cleanup program represent expenditures that historical carriers may be obligated to recover and to fund going forward.
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.