This property has a documented history as a landfill going back to 1955. 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.

The contamination at this site — pesticides and methane gas migrating from waste deposited between 1955 and 1974 — originates entirely from operations that predate 1986, the year occurrence-based CGL policies began incorporating effective pollution exclusions. Because the releases now under investigation reflect decades-old landfill activity rather than any recent event, the pre-1986 carriers who issued policies to operators during those active years may bear continuing obligations. With active cleanup still pending, historical insurers could be called upon to fund the remediation and monitoring work that lies 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.