This property has a documented history as a landfill going back to 1969. 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.

Waste disposal at this site — including chlorinated solvents and mixed industrial liquids — began in 1969, nearly two decades before 1986, when occurrence-based CGL policies were still the standard and carried no effective pollution exclusion in Washington. The contamination documented here, TCE migrating through soil and groundwater from decades of landfill operations, is the kind of slow, continuous release those pre-1986 policies were written to address. With groundwater treatment ongoing since 1995 and further remediation upgrades still planned, both costs already incurred and those yet to be expended may be recoverable from historical carriers whose policies were in force during the peak years of waste disposal activity.

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.