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 — and recover costs already spent.

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 landfill and septage disposal operations that generated the contamination here were in place well before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. PCE groundwater contamination traced to historical septage disposal represents precisely the type of slow, continuous release those policies were written to address. The documented remediation costs — pond closures, capping, and years of groundwater monitoring and investigation under an Agreed Order — are expenditures for which historical carriers whose policies were in effect during the operational window may be obligated both to recover and to fund going forward.

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.