This property has hosted a dry cleaning operation since the construction of the shopping center in 1969, with a 100-gallon aboveground solvent storage tank and original dry cleaning equipment in use until replacement circa 1995. Environmental assessments dating to 1988 and a Remedial Investigation/Feasibility Study completed in January 2002 identified tetrachloroethylene (PCE) and Methylene Chloride in groundwater at concentrations exceeding MTCA Method A cleanup levels, with the groundwater plume migrating south-southeast toward Juanita Creek. The site entered the Voluntary Cleanup Program, and groundwater monitoring has been ongoing since August 2001. 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.
Dry cleaning operations at this property began in 1969 — seventeen years before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The solvent contamination now requiring remediation under the Voluntary Cleanup Program traces directly to decades of PCE use in those pre-1986 operations. With cleanup already underway and monitoring costs accumulating since 2001, historical carriers whose policies were in force during the 1969–1986 operational window may be obligated both to reimburse past remediation expenditures and to fund ongoing cleanup.
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.