This property has a documented history as a landfill predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

This landfill was in active operation before its abandonment prior to 1985, placing its operational history entirely within the era when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The hazards the 1984 survey identified — leachate migration and methane generation — are the kind of slow, ongoing environmental releases those pre-1986 policies were written to address. As the site moves toward active remediation, historical CGL carriers whose policies were in force during the landfill's operational years may be obligated to fund the cleanup costs ahead.

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.