The Manson Landfill operated as a dump from 1968 and as an active landfill from 1974 before closing in December 1992. Cleanup work has included construction of a final engineered closure cover, removal and regrading of burnt debris and waste slopes, installation of a gas collection system with vents and potential flaring, leachate collection, and surface water management through drainage ditches and a lined settling and evaporation pond. Post-closure monitoring is required to continue for 30 years following closure. 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 Manson Landfill began accepting waste in 1968 — eighteen years before occurrence-based CGL policies acquired effective pollution exclusions — and the contamination at issue traces directly to that pre-1986 disposal period. The 30-year post-closure monitoring obligation, combined with the engineered cap and gas and leachate control systems already in place, represents a remediation cost trail anchored to releases from those early operational years. Historical carriers whose policies covered the landfill's active dumping and filling operations before 1986 may remain obligated for the ongoing costs that liability produced.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.