This property has a documented history as a landfill going back to 1947. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property operated as a municipal solid waste landfill from 1947 to 1974, run by various private owners and later the City of Port Orchard. The landfill accepted mixed municipal waste, sewage sludge, and demolition materials over its nearly three decades of operation, and continued accepting certain waste even after public closure in 1974. The only remediation activity to date has been the installation of a replacement culvert along the landfill perimeter in 1992 after the original culvert beneath the landfill collapsed. The site is currently awaiting cleanup under Washington's Standard Cleanup program. 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.
Contamination at this site — including lead — is attributed entirely to landfill operations that began in 1947, nearly four decades before occurrence-based CGL policies gave way to claims-made forms with pollution exclusions. The entities that owned and operated this landfill during that pre-1986 window likely carried occurrence-based policies that had no effective pollution exclusion under Washington law. With cleanup still ahead and remediation costs yet to be incurred, historical carriers whose policies were in force during the landfill's operating years could be obligated to fund the investigation and cleanup work this site now faces.
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.
