This property has a documented history as a landfill going back to 1939. 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 persistent contamination at this property — petroleum products, metals, cPAHs, and methane — originated from landfill operations conducted three to five decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Because the minor post-2000 spills were contained and closed without further regulatory action, the dominant liability here flows directly from those pre-1986 landfill-era releases. Historical carriers who issued CGL coverage to the Lincoln Avenue Landfill's operators during that window may remain obligated to fund both ongoing Superfund-scale remediation costs and future cleanup obligations tied to the same historical source.

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.