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.
This property operated as the Buck Creek Landfill in Pierce County, accepting waste over a period now associated with soil contamination by non-halogenated organics, halogenated organics, and metals. Independent removal actions have addressed some contaminated soils, and interim capping has been applied where contamination remains above cleanup levels, but the site has not yet entered formal cleanup under Ecology's Standard Cleanup program. Performance monitoring is ongoing as the site awaits a comprehensive remediation plan. 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 contamination at this former landfill — halogenated and non-halogenated organics along with metals — is consistent with waste-disposal practices that predate 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The formal cleanup still ahead of this site — full remedial design, implementation, and long-term compliance monitoring — will generate substantial costs that historical carriers whose CGL policies were in force during the landfill's operating years could be obligated to fund.
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.
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.
