This property has a documented history as a landfill going back to 1936. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
In the mid- to late-1930s, the City of Bellingham operated a sanitary landfill in what is now Little Squalicum Park, with municipal garbage — glass bottles, metal scraps, drywall, charcoal, ash, and ceramics — hauled to the site and burned or buried by a contracted waste hauler; court records document operations as early as 1936. Remediation has included excavation and off-site disposal of 4,290 tons of contaminated soil, site shoring, backfilling, hydroseeding, and wetland creation. Long-term obligations extend to at least 30 years of site maintenance and indefinite environmental covenants, with total estimated costs ranging from $237,000 to $1,413,000. 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 contamination at this property originates from the City of Bellingham's own landfill operations and the contracted hauler who transported and deposited municipal waste here beginning in 1936 — both were plausible policyholders under occurrence-based CGL policies issued more than four decades before 1986. The remediation obligations now attached to the site — 30 years of maintenance, indefinite institutional controls, and cleanup costs potentially reaching $1.4 million — represent ongoing and future expenditures that historical carriers who insured the City or its waste contractor during the operational years may be obligated to fund.
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.
