This property has a documented history as a landfill going back to 1965. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The Kenmore Industrial Park property was operated as a demolition debris landfill from 1965 to 1981, accepting wood, concrete, metal, and miscellaneous debris, as well as restaurant wastes and potentially hazardous materials, placed over a deltaic peat deposit that had been reclaimed with fill. Cleanup activities include dredging of contaminated sediments, processing of TPH-contaminated soils, and construction of an engineered landfill cap, supplemented by institutional controls — deed notices and restrictive covenants — and long-term groundwater monitoring to be carried out in phases. Active remediation is underway. 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.
Sixteen years of demolition debris, restaurant waste, and hazardous material disposal at this landfill occurred entirely within the pre-1986 window, when occurrence-based Commercial General Liability policies had no effective pollution exclusion under Washington law. The sediment and soil contamination now requiring a phased, multi-component remedy is a direct consequence of those operations. Historical carriers who issued CGL policies to operators of this property during the 1965–1981 period may be obligated both to recover remediation costs already expended and to fund the remaining phases of the ongoing cleanup plan.
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.
