This property was investigated as a landfill and hazardous waste disposal site, with environmental assessments by Whatcom County, the Washington Department of Ecology, and the U.S. EPA documented from 1979 and 1980. The EPA completed a combined Preliminary Assessment and Site Inspection and issued a no-further-action determination under the Federal Superfund Program; additional assessments followed in 1986. The site is currently enrolled in Ecology'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.
Environmental investigations at this landfill date to 1979 — well within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The site's history as a hazardous waste disposal operation and the multi-agency investigation record spanning nearly a decade before 1986 reflect the kind of long-duration environmental liability those policies were written to cover. Historical carriers who insured operations during that window may bear obligations for cleanup costs now being addressed under Ecology's program.
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.