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.
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
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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.


