This property is part of the King County Cedar Hills Landfill, where underground storage tanks supporting landfill operations were installed as early as the 1980s. One 1,000-gallon UST was removed in 1995 along with approximately 300 cubic yards of petroleum-contaminated soil, and three additional USTs were removed in 1996 with another 60 to 80 cubic yards of impacted soil excavated and backfilled with clean material. The UST remediation project spanned from 1995 to 2012 and concluded with a No Further Action determination, though the broader site remains under Ecology's cleanup oversight. The landfill continues in active operation. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 USTs at this landfill were installed before 1986, placing their operational period within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion in Washington. Seventeen years of documented remediation — UST removals, large-scale soil excavation, dewatering, and long-term project oversight — generated substantial costs tied directly to those pre-1986 installations. Historical carriers who wrote CGL policies during that window may be obligated to reimburse those past cleanup expenditures, and because the site remains under active cleanup oversight, to participate in any future remediation costs that arise.
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.
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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.