This property has a documented history as a landfill going back to 1975. 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.

Landfill operations at this property began no later than 1975 — more than a decade before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion in Washington. The absence of a liner meant leachate and landfill gas were migrating into surrounding soil and groundwater from the outset, and the manganese contamination and methane now documented are directly traceable to those pre-1986 disposal activities. Historical carriers whose CGL policies were in force during the landfill's operating years may be obligated to fund the multi-year cleanup, long-term monitoring, and regulatory oversight that MTCA designation now requires.

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.