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 at this property traces directly to fill operations conducted over four decades — from 1939 to 1978 — spanning a period when occurrence-based Commercial General Liability policies had no effective pollution exclusion. Parties responsible for emplacing petroleum hydrocarbons and creosote-laden wood waste during that window may have maintained CGL coverage that remains enforceable today. The documented remediation expenditures to date — soil excavation, pile removal, and nearly a decade of groundwater monitoring — as well as the anticipated costs of further excavation and in-situ treatment, represent obligations that historical carriers may be required both to reimburse 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.