This property has a documented history as a landfill going back to 1953. 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.

Waste disposal operations at this property began in 1953 and accepted dry cleaning chemicals — including PCE — and industrial sludges throughout a period extending more than thirty years before the 1986 insurance-industry shift away from occurrence-based coverage. CGL policies issued to the City of Oak Harbor or other operators during that window carried no effective pollution exclusion under Washington law and remain enforceable. With no active remediation yet underway at the landfill itself, the full scope of investigation and cleanup costs lies ahead — costs that historical carriers who covered waste disposal operations here may 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.