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.

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 Elbe Landfill's entire operational life — from the 1950s through its closure in 1975 — falls within the period when occurrence-based Commercial General Liability policies were issued without effective pollution exclusions. The methane generation and leachate hazards inherent in a closed mixed-waste landfill represent the kind of slow, ongoing environmental release that pre-1986 CGL policies were written to address. Historical carriers who issued policies to the landfill's operators or the property owner during those active decades may bear obligations toward the cleanup costs that lie 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.