This property has a documented history as a landfill going back to 1966. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
The Midway Landfill operated from January 1966 through October 1983 as a disposal site for demolition debris and non-putrescible waste, with reports of industrial waste dumping emerging in the early 1980s. EPA placed the site on the National Priorities List after concluding hazardous materials had potentially been disposed there, creating a threat to human health and the environment. Documented cleanup work has included the installation of 60 groundwater monitoring wells and 2 leachate extraction wells, placement of an earthen cap ranging from 1 to 10 feet thick, and infilling of the South Pond with up to 40 feet of clean fill; groundwater elevation monitoring has been ongoing since at least 1983. 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.
All landfilling operations at the Midway Landfill took place between 1966 and 1983 — entirely within the period when occurrence-based CGL policies were the industry standard and carried no effective pollution exclusion in Washington. The remediation record here spans decades of groundwater monitoring, leachate extraction, large-scale earthen capping, and major fill placement, representing substantial costs that Seattle Public Utilities and the property have already absorbed. With active operations and monitoring still ongoing, historical carriers who issued CGL policies during the facility's operational window may be obligated both to recover those already-incurred remediation expenditures and to fund the continued monitoring and maintenance this site continues to require.
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.
