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 — and recover costs already spent.
This unimproved Lewis County property was used for an undetermined period as an illegal solid waste dump site, with building demolition debris and household waste deposited across multiple disposal areas throughout the property; a USGS topographic map dated 1985 confirms that a "Solid Waste Disposal Area" was present and active on the property by that year. The land was also used for the widespread discharge of firearms. Cleanup activities were initiated under a Voluntary Cleanup Program Agreement, with an Environmental Site Remediation Work Plan drafted to outline further remedial actions, but the project was terminated after at least two years due to insufficient funds and the absence of active cleanup. 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.
Waste disposal at this property was confirmed active by 1985, placing the contaminating events within the period when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The remediation effort here did not fail for lack of a legal or technical basis — it stalled for lack of funding. Historical carriers whose CGL policies were in effect during the pre-1986 disposal window may be obligated to fund the cleanup costs that the VCP project could not sustain, making policy recovery the most viable path to restarting remediation.
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.
