This property has a documented history as a landfill going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This 26-acre property was developed and operated as a sand and gravel mining pit from the 1960s until approximately 1965, after which the excavated pit was reclaimed by backfilling with construction and demolition debris — concrete and asphalt fragments, landscaping waste, and wood chips — that became the source of the site's contamination. A 2011 interim action excavated 8.5 tons of petroleum-contaminated soil from a fueling area attributable to historical equipment leaks, and soil gas extraction pilot tests have since been completed. The preferred cleanup plan calls for discrete soil excavation, installation of a perimeter methane mitigation system, institutional controls, and long-term groundwater restoration at an estimated preferred cost of $1,900,000. 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 — methane from decomposing organic fill, cPAHs and other organic compounds in soil, and arsenic in groundwater — traces to mining and reclamation operations conducted during and after the 1960s, more than two decades before 1986. Occurrence-based CGL policies issued to operators during that pre-1986 window covered the slow, ongoing releases characteristic of buried organic waste and construction debris, and carried no effective pollution exclusion under Washington law. With a $1,900,000 preferred remediation cost and long-term groundwater restoration still ahead, historical carriers whose policies were in force during the mining and reclamation era may be obligated both to recover past expenditures and to fund the cleanup work that remains.
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.
