Railroad activities at this Auburn property date back to 1900, and the site was formally established as the Auburn Railyard in 1913, becoming a major terminal on the Northern Pacific line. Operations centered on large-scale industrial tasks — cleaning, repairing, and diesel fueling of trains — that continued through peak activity in the 1960s. Four underground storage tanks were excavated and removed in May 1989, and the site remains under active cleanup with quarterly data collection, monitoring well installation, ongoing groundwater sampling, and a remedial investigation work plan in preparation to delineate contaminated soils. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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.
Industrial railroad operations at this site began more than eight decades before 1986, generating lead and petroleum contamination consistent with decades of diesel fueling, equipment maintenance, and underground storage tank use. Occurrence-based CGL policies issued to the railroad operators during that extensive pre-1986 window carried no effective pollution exclusion under Washington law. The remediation costs already incurred — tank removals, monitoring infrastructure, years of groundwater sampling — and the investigation and cleanup work still ahead represent expenditures that historical carriers may be obligated both to reimburse and to fund going forward.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.