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.

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 lead and arsenic contamination at this site traces directly to orchard-era pesticide applications that predate 1986, the point at which CGL policies began reliably incorporating effective pollution exclusions. Historical carriers who insured the orchard operation may owe recovery for the investigation costs and cleanup planning already completed under the Voluntary Cleanup Program. Those same pre-1986 policies may also be called upon to fund the groundwater confirmation monitoring and any remaining remediation required before Ecology can close the site.

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.