This property has a documented history as a landfill predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
The Former McNeil Island Landfill #1 accepted solvents, paint, oils, and garbage during its operational life before closing in 1970. Leachate was first observed at the site in 1989, leading to its listing as a State Cleanup Site under Washington Ecology's Standard Cleanup program. Initial investigation field work and an Early Notice Letter have been completed, but no remediation activities have yet commenced and the site remains in Awaiting Cleanup status with no process 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.
The landfill's operations — and the contamination they generated — ended well before 1986, placing this site squarely within the period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The leachate and mixed waste contaminants documented in the initial investigation reflect releases tied directly to those pre-1986 landfill operations. As the site moves toward active remediation, the investigation, design, and cleanup costs now facing the responsible party could plausibly be funded by historical carriers whose policies were in force when the landfill was accepting waste.
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.
