This property operated as Red, White, and Blue Cleaners, a dry cleaning business, from 1956 to 1960, during which tetrachloroethylene (PCE) and trichloroethylene (TCE) were released into the soil and groundwater. Cleanup under the Voluntary Cleanup Program ran from 2004 through 2009, involving excavation of 1,300 cubic yards of soil to install a groundwater extraction trench, decommissioning of monitoring wells in 2005, and light rail infrastructure work at the site. A soil vapor extraction system was planned as part of the phased remediation approach, though no evidence of its installation was found. 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 PCE and TCE contamination documented here traces directly to dry cleaning operations conducted from 1956 to 1960 — more than two decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion in Washington. Carriers who issued CGL policies during that operational window may remain obligated under those instruments for costs already incurred and for remediation that has not yet been completed. The combination of a documented pre-1986 contamination source, a multi-year excavation and extraction program, and a planned vapor extraction phase that has yet to be implemented makes this site a strong candidate for historical insurance recovery.
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.