This property has a documented history as a landfill going back to 1955. 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.

Contamination at this former municipal landfill traces directly to nineteen years of unrestricted waste disposal that ended in 1974 — more than a decade before occurrence-based CGL policies began incorporating effective pollution exclusions. The slow, diffuse release of contaminants from landfill operations into soil, groundwater, and surface water is precisely the loss profile those pre-1986 policies were written to cover. With cleanup costs yet to be incurred as the site moves toward remediation, historical carriers whose policies were in force during the 1955–1974 operational window may be obligated to fund those future 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.