The Lincoln Avenue Landfill operated from the 1940s to 1964 on the Tacoma tideflats, receiving municipal waste and establishing fill for future development across a large area of Pierce County's industrial waterfront. The site carries EPA ID WAD980511844 and has been subject to Ecology and EPA site inspections confirming its contamination history. In 1985, the Port of Tacoma converted a portion of the former landfill into the Gog-le-hi-te Wetlands. Groundwater beneath the site contains metals priority pollutants and petroleum products, with shallow groundwater interacting with the Puyallup River and the potential for landfill leachate to reach the river. The site is currently awaiting cleanup under Washington's Standard Cleanup program. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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.
Municipal waste disposal at this landfill began in the 1940s and continued for over two decades — operations spanning an era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The metals and petroleum contamination now documented in groundwater traces to those decades of landfill operations, and the full costs of investigation and remediation have yet to be incurred. Historical carriers whose CGL policies were in force during the landfill's 1940s-to-1964 operational window may be obligated to fund the cleanup work that lies ahead.
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.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.