This property has a documented history as a landfill going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
In the 1950s, imported fill and garbage were placed on this site to achieve a desired elevation, leaving behind refuse-contaminated soil that required extensive remediation. Cleanup has included excavation of 6,660 tons of contaminated soil, a separate remedial excavation by Boeing, cleanup of a 2-gallon oil spill, in-situ bioremediation of groundwater through molasses addition, site capping with asphalt and clean fill, institutional controls including deed restrictions and soil handling plans, and construction of a 450-foot sheet pile wall to contain contaminant migration. Remediation has proceeded through Boeing's RCRA Corrective Action and the City's Voluntary Cleanup Program participation across phases from 2005 to 2011, and cleanup work remains ongoing. 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 refuse disposal and fill activities that caused contamination here occurred in the 1950s — more than three decades before 1986 — when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. Boeing's occupancy and associated contamination likewise predate 1962, placing both liability sources squarely within the pre-1986 policy window. Historical carriers whose CGL policies were in effect during that era may be obligated both to recover the substantial remediation costs already incurred — excavation, barrier construction, capping, bioremediation — and to fund the active cleanup work that continues today.
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.
