This property has a documented history as a landfill going back to 1963. 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 Holly Dump landfill accepted mixed municipal solid waste and demolition debris under a permit issued in 1963 — more than two decades before 1986, when occurrence-based CGL policies were still written without effective pollution exclusions. The clean fill cover in place today addresses only the immediate air pathway and does not constitute a cleanup; remedial investigation, cleanup design, and remediation of the landfill body are costs still to be incurred. Historical carriers whose policies covered operations at this Kitsap County landfill site during the 1960s and 1970s may be obligated to fund those upcoming remedial expenditures.

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.