This property has a documented history as a landfill going back to 1946. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

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.

Waste disposal operations at this site began in 1946, and medical waste deposition continued through 1986 — placing the contamination-generating period squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion under Washington law. Carriers who issued CGL coverage to the City or to site lessees during that pre-1986 operational window may remain obligated for the documented remediation costs already incurred — dredging, capping, gas collection — and for the substantial additional expenditures the ongoing remediation alternatives represent.

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.