This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This site at Snoqualmie Pass appears to have been a historic railroad facility used for bulk storage and dispensing of heavy fuel oil for locomotives. Free-phase heavy oil was discovered in soil and floating on groundwater during a test pit excavation and subsequent investigation in 2008 and 2009. Further remedial action is required, and the site has been directed toward cleanup under Washington's Standard Cleanup program, with the Voluntary Cleanup Program identified as a potential pathway for addressing the contamination. 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.
Free-phase heavy oil floating on groundwater is the signature of a long-standing release, not a recent spill — the contamination found here almost certainly originated from fueling and storage operations conducted decades before its 2008 discovery. The full scope of remediation needed to address free-phase product in both soil and groundwater has yet to be determined, meaning the largest cleanup expenditures still lie ahead. Historical carriers who issued CGL policies to operators of this facility during the pre-1986 period may be obligated to fund those future costs.
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.
