This property has a documented history as a landfill going back to 1939. 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 contamination here originates from landfill operations that began in 1939 and concluded in 1966 — a quarter century before occurrence-based Commercial General Liability policies stopped reliably covering pollution claims in Washington. The documented remediation costs at this property — soil and slag excavation, engineered landfill covers, landfill gas collection and treatment systems, and continuing operational monitoring — represent expenditures tied entirely to releases generated within the pre-1986 policy window. Historical carriers who issued CGL policies to the landfill operators or the industrial users that followed may retain obligations to recover 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.