This property has a documented history as a landfill going back to 1900. 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 filling operations conducted more than eight decades before 1986, when occurrence-based Commercial General Liability policies were the standard commercial coverage and carried no effective pollution exclusion in Washington. Heavy metals, PAHs, and petroleum hydrocarbons now requiring deep excavation and groundwater treatment are the direct legacy of that early-1900s disposal activity — the type of gradual, long-running release those pre-1986 policies were written to address. The remediation costs here — excavation to depths exceeding 40 feet, treated groundwater disposal, and long-term compliance monitoring — represent expenditures that historical carriers whose policies were in force during the site's development may be obligated to fund.

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.