This property has a documented history as a landfill going back to 1950. 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 hazardous substances in this landfill — asbestos, heavy metals, PAHs, dioxins — were deposited during demolition operations that took place decades before 1986, when occurrence-based CGL policies were standard and carried no effective pollution exclusion. The 2023 fire exposed and mobilized contaminants that had been buried since the 1950s, but the contamination source is the original landfilling, not the fire itself. Remedial investigation, fire suppression, groundwater assessment, and the cleanup work ahead represent substantial costs that historical carriers who covered the state's operations during that pre-1986 window 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.