This tenant space within the Celebration Center (formerly Ross Plaza) shopping center, built in the late 1960s, housed a dry cleaning operation that used an older PCE transfer system with a vapor exhaust prior to 1990. Releases of tetrachloroethylene and related chlorinated solvents from that former operation contaminated groundwater beneath the property with PCE, TCE, cis-1,2-dichloroethylene, and vinyl chloride. An independent remedial action was completed under the Voluntary Cleanup Program, and Ecology issued a No Further Action opinion letter in September 2014. 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 solvent contamination at this Federal Way property originated from dry cleaning operations that predate 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. PCE, TCE, and their chlorinated breakdown products in groundwater represent exactly the kind of gradual, ongoing release those policies were written to cover. The remediation costs incurred to achieve No Further Action status — documented through the independent remedial action report and VCP opinion letter — are expenditures that historical carriers who insured the former dry cleaning operator may still be obligated to recover.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.