This property has a documented history as a landfill going back to 1924. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The Investigation Area in Aberdeen served as a landfill for dredge spoils, wood waste, and municipal garbage from as early as 1924, with a documented garbage landfill operating from 1958 to 1968. Roderick Timber Company later operated a truck maintenance facility with underground storage tanks on a portion of the site from 1977 through approximately 1988, and the City of Aberdeen has been identified as a potentially liable party for its contributions of municipal garbage to the landfill. Remediation has included UST closure, soil and sediment excavation, capping with soil and vegetation, phytoremediation, demolition, and institutional controls, with enhanced bioremediation, barrier walls, and bioswales also planned or underway for groundwater. The site has reached construction-complete status and is in long-term performance monitoring with scheduled five-year reviews and financial assurances in place to cover ongoing costs. 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.
Contamination at this site traces to landfill operations beginning as far back as 1924 and to petroleum releases from USTs operated through the late 1980s — all originating well before 1986, when occurrence-based CGL policies carried no effective pollution exclusion. The site involves multiple potentially liable parties, meaning multiple historical carriers may have issued policies across the decades-long operational window. The documented remediation costs — excavation, capping, phytoremediation, groundwater treatment infrastructure, and a multi-year monitoring and five-year review regimen backed by financial assurances — represent a substantial long-term liability trail that those pre-1986 carriers 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.
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.
