This property has a documented history as a landfill going back to 1941. 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 contamination at this site originated from wartime dumping operations that began in 1941 — more than four decades before the 1986 threshold at which occurrence-based CGL policies began incorporating effective pollution exclusions. The Public Works facility's USTs, installed well before 1986 based on typical tank lifespans, and the presence of lead contamination consistent with leaded-gasoline use, both point to pre-1986 operational windows during which carriers issued policies with no enforceable pollution bar. The documented remediation expenditures — UST removals, groundwater recovery, skimmer infrastructure, and ongoing cleanup — represent costs that historical carriers whose policies covered these operations 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.