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.
This property in Sumner, Pierce County historically operated as an unpermitted landfill, with legacy fill material including solid waste and at least one buried 220-gallon oil tank. During a 2016 levee setback construction project, more than 87,000 cubic yards of contaminated soil and sediment were excavated from the site, with approximately 10,000 tons of impacted material disposed of off-site at LRI — work undertaken as part of the construction project rather than a formal cleanup program. The site remains in Awaiting Cleanup status under Washington State Ecology's Standard Cleanup program, with no dedicated remediation yet initiated. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 landfill operations that created this contamination almost certainly predate 1986, the year before which occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington State. The full scope of investigation, feasibility study, and formal remediation the site now requires lies ahead and has not yet been funded. Historical carriers who issued CGL policies during the landfill's operating years may be the source of that funding.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.
