This property has a documented history as a landfill going back to 1930. 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.

Waste disposal at this property began in the 1930s and continued through the 1950s, more than three decades before 1986, when occurrence-based CGL policies still carried no effective pollution exclusion. The long-duration accumulation of vehicular parts, appliances, and mixed solid waste is precisely the type of historical release those pre-1986 policies were written to cover. As the property moves toward active remediation, the investigation and cleanup costs now facing responsible parties could plausibly be funded by historical carriers whose policies were in force during the decades of active dumping.

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.