The Inman Landfill operated as a municipal solid waste and incinerator ash disposal facility under Skagit County Public Works from 1972 to 1994, on a site previously used as a gravel pit. Phase I landfill operations ran from 1972 through approximately 1985 or 1986, establishing substantial pre-1986 contamination history. Remediation completed to date includes construction of a leachate collection and treatment system, a landfill gas extraction system, comprehensive landfill capping, surface water management improvements, leachate pond relining, pump station upgrades, and connection of nearby residences to public water supply with abandonment of private wells. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 Inman Landfill began accepting solid waste in 1972, more than a decade before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion under Washington law. The landfill's documented leachate migration and landfill gas generation are precisely the kind of slow, ongoing environmental releases those policies were written to address. With cleanup work still ahead — additional investigation, further remediation phases, and long-term monitoring obligations — historical carriers whose policies were in force during the landfill's pre-1986 operational years may be obligated to fund those future expenditures.
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.
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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.