This property has a documented history as a landfill predating 1986. 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 municipal landfill operations that generated the contamination at this property predate 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The breadth of contamination — metals, organics, phenolics, dioxins — across groundwater, surface water, and air points to long-duration disposal activity during the years those policies were in force. Remediation costs now being incurred under Standard Cleanup could plausibly be recoverable from historical carriers whose CGL policies covered the landfill's operating years.

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.