This property has a documented history as a landfill going back to 1947. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
From 1947 to 1967, Snohomish County operated this property as the Emander Landfill, accepting municipal waste that included fuel storage tank bottoms and other refuse materials. Sludge associated with those historical landfill contents was discovered in 1994–1995, and cleanup commenced around 1997. Remediation has included in situ sludge solidification and stabilization, construction of an impermeable landfill cap, site grading, surface water and dust control, revegetation, and installation of an active landfill gas collection and thermal treatment system. The site now operates as McCollum Park and remains in the performance-monitoring phase under a groundwater use restriction and ongoing compliance review. 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.
The contamination at McCollum Park — petroleum hydrocarbons, VOCs, metals, and landfill gas — originated from waste disposed of during the Emander Landfill's operational period, which ended twenty years before 1986. Occurrence-based Commercial General Liability policies issued to Snohomish County and other responsible parties during that disposal window carried no effective pollution exclusion under Washington law. The multi-component remediation program — sludge solidification, cap construction, a gas collection and treatment system, and indefinite compliance monitoring — represents substantial documented costs that historical CGL carriers may still 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.
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.
