This property has a documented history as a landfill going back to 1925. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

Chemical waste disposal at this property began in 1925 — more than six decades before the 1986 threshold after which Commercial General Liability policies were routinely issued with effective pollution exclusions. The long-running accumulation of chemical waste and unusable industrial materials from recycling operations is precisely the kind of slow, ongoing release that occurrence-based CGL policies issued to National Oil Co. before 1986 were written to cover. As investigation and remediation planning moves forward, historical carriers whose policies were in effect during those decades of dumping operations may be obligated to fund the cleanup costs now facing the property.

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.