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 — and recover costs already spent.
This property was used by the Washington State Department of Transportation (WSDOT) as a street-waste landfill from the late 1960s through the early 1990s, with an earlier and distinct phase of fill material deposited during Highway 599 construction in the mid-1960s. Lead contamination was identified in street-cleaning waste sampled at the site in 1988, consistent with operations during the era of leaded gasoline. Formal remediation of the site's primary contamination has not yet been performed; cleanup activity to date has been limited to removal of a temporary spill-cleanup material stockpile and recurring removal of accumulated refuse. 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.
WSDOT's street-waste landfilling operations at this property spanned from the late 1960s through the early 1990s, encompassing more than a decade of activity that predated the 1986 threshold after which CGL pollution exclusions became standard. Occurrence-based policies issued to WSDOT or its contractors during the pre-1986 portion of that operational window carried no effective pollution exclusion and may be enforceable against the lead contamination documented here. Those historical carriers may be obligated both to recover costs already incurred — stockpile removal, refuse clearance, and site investigation — and to fund the formal remediation of lead-contaminated fill material that lies ahead.
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.
