This property has a documented history as a dry cleaning facility going back to 1990. Historical insurance policies issued during operations at this property and through 1986 could recover the cleanup costs already paid.
This property, developed in 1984, has housed dry cleaning operations since the early 1990s using tetrachloroethylene (PCE) machinery. PCE, trichloroethylene (TCE), and cis-1,2-dichloroethylene (cis-1,2-DCE) were confirmed as contaminants of concern in soil and shallow groundwater. Cleanup under the Voluntary Cleanup Program spanned from 2005 through 2018 and included removal of dry cleaning equipment, in-situ chemical oxidation using 740 gallons of potassium permanganate, and years of performance monitoring and monitored natural attenuation. The site has achieved No Further Action status, and Kenmore Dry Cleaners continues to operate at the northern end of the building. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 facility at this site was developed in 1984, within the window when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Although the PCE contamination traces specifically to dry cleaning operations that commenced in the early 1990s, CGL policies in force during the property's pre-1986 development period may provide a basis for recovering a share of the documented cleanup costs — chemical oxidation treatment, equipment removal, and over a decade of groundwater monitoring conducted between 2005 and 2018.
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.
Recovering Costs from an Older Cleanup
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.