This property has a documented history as a landfill going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This property was historically a deep ravine that was filled with soil and inert construction debris beginning in the early 1960s — much of it derived from the construction of Interstate 5 — with filling continuing through the 1990s and the majority completed by the mid-to-late 1960s. That decades-long fill activity introduced carcinogenic polycyclic aromatic hydrocarbons (cPAHs) and methane into the subsurface. Under the Voluntary Cleanup Program, the selected remedy involves capping contaminated fill soil with a 10-foot layer of clean soil, hardscapes, and softscapes over geotextile barriers, installing a subslab depressurization system and vapor barrier for methane mitigation, recording an environmental covenant, and conducting a multi-year inspection, monitoring, and maintenance program with periodic groundwater monitoring. A rejected excavation alternative would have removed over 21,000 cubic yards of contaminated soil at an estimated cost of $7.47 million. 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 property originated from urban fill operations that began more than two decades before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The cPAHs and methane now requiring engineered capping, vapor mitigation, institutional controls, and long-term monitoring are the direct consequence of those pre-1986 disposal activities. Historical carriers who issued CGL policies to the parties responsible for filling this ravine during the 1960s through the mid-1980s may be obligated both to recover remediation costs already incurred and to fund the ongoing monitoring and maintenance program 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.
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.
