This property has a documented history as a landfill going back to 1945. 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 traces directly to landfill and waste disposal operations that began in the mid-1940s and continued through the early 1970s — a period entirely predating 1986, when occurrence-based CGL policies still lacked effective pollution exclusions. New remedial alternatives under active consideration carry cost estimates of $1.5 million to $2.9 million, on top of the treatment systems already operating and decades of monitoring ahead. Historical carriers who issued CGL policies to operators of the Area D waste disposal sites during that pre-1986 window may remain obligated to fund a share of those ongoing and future 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.