This property operated as a municipal landfill from 1946 through approximately 1976, accepting mixed residential, commercial, and industrial solid waste as well as septage. Hazardous substances were disposed at the site from the late 1960s to early 1970s, and refuse was openly burned until 1968. Cleanup under the Standard Cleanup program has included extensive waste excavation, sorting, and off-site disposal, on-site re-grading and soil cover construction, monitored natural attenuation of groundwater, and implementation of institutional controls, with long-term compliance monitoring ongoing and costs borne by Kitsap County. 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.
Contamination at this landfill originated from three decades of municipal waste disposal and hazardous substance acceptance that began well before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The remediation expenditures already incurred — waste excavation, off-site disposal, engineered cover systems, and years of groundwater monitoring — along with the ongoing compliance monitoring obligations, represent costs that historical carriers who issued CGL policies during the landfill's operational years may be obligated both to recover and to fund going forward.
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.