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.

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.

The contamination plume affecting this study area traces to landfill operations that almost certainly predate 1986 — the Tulalip Landfill's NPL designation reflects the severity and antiquity of its contamination, and indicator compounds such as PCBs and cPAHs are characteristic of pre-1986 industrial disposal practices. Occurrence-based CGL policies issued to the landfill operators during that pre-1986 window carried no effective pollution exclusion and remain legally enforceable today. As the study area now faces forward remediation expenditures under Standard Cleanup, historical carriers whose policies were in force during the operative period of contamination may be obligated to fund those costs.

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.