Industrial & Manufacturing cleanup site — Restorical Research
BNRR MCCARVER PROJECT
Tacoma, Pierce County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

The BNSF McCarver Siding Site in Tacoma is a railway industrial property owned by BNSF Railway Company, where siding operations involving train storage, loading, unloading, and petroleum handling produced soil and groundwater contamination consisting of diesel- and oil-range organics and polycyclic aromatic hydrocarbons (PAHs). Annual groundwater monitoring and non-aqueous phase liquid (NAPL) recovery from recovery well RW-1 have been ongoing, with cumulative removal between 2005 and June 2022 totaling 83 gallons of NAPL and 2,028 gallons of combined NAPL and water. Select monitoring wells have recorded groundwater concentrations below MTCA Method A cleanup levels for diesel- and oil-range organics, though cleanup remains active. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.

Former Use
Former Industrial & Manufacturing
AddressTacoma, Pierce County
Historical UseIndustrial & Manufacturing
Est. Operating SincePre-1986
StatusCleanup Started
Contamination & Investigation
Site Assessment Summary
ContaminantsTotal petroleum hydrocarbons (diesel- and oil-range organics, DRO/ORO) and polycyclic aromatic hydrocarbons (PAHs) detected in groundwater as non-aqueous phase liquid
Media ImpactedSoil, Groundwater, Sediment
Regulatory ProgramMTCA — Standard Cleanup
Ecology Site #2472

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 petroleum hydrocarbon contamination at this site reflects chronic, diffuse releases from railway industrial operations that were in place well before 1986 — the period when occurrence-based Commercial General Liability policies lacked effective pollution exclusions under Washington law. There is no documented discrete spill or accident driving this contamination; the NAPL plume and associated PAHs are consistent with decades of accumulated petroleum handling, making pre-1986 CGL policies directly relevant. With NAPL recovery and groundwater monitoring still ongoing, historical carriers who issued policies during that operational window may be obligated to fund both past remediation costs and the continuing recovery work.

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

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.