This property has a documented history as a landfill predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as the Airport Woodwaste Landfill in Bellingham, managed by the Port of Bellingham under solid waste handling standards. Post-closure operations documented from 1987 through 2022 have included a leachate management system with pump infrastructure, an aeration and sedimentation basin, and a treatment swale that discharged 2.24 million gallons of treated effluent. The site is currently under a post-closure permit, with ongoing landfill cover maintenance, sediment removal, and system upgrades, but formal cleanup under the Standard Cleanup program has not yet commenced. 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.
Active landfill operations at this site preceded the post-closure monitoring record that began in 1987, placing the contamination-causing disposal activities squarely in the era when occurrence-based CGL policies carried no effective pollution exclusion in Washington. The formal cleanup that now lies ahead — investigation, design, and remediation of landfill-related contamination — represents significant future expenditures that historical carriers whose policies were in force during the landfill's operating years 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.