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.
Delta Train Corp operated as a railroad equipment maintenance and repair facility in Auburn, Washington, where ongoing industrial activities included the use of hydraulic fluids, lubricating oils, and sandblasting of railroad equipment. Contamination at the site resulted from leakage of hydraulic fluids and lubricating oils from equipment brought to the facility for repair or disassembly, as well as accumulation of sandblasting grit, all of which impacted onsite soils. Remediation has included soil excavation and disposal of contaminated material, backfilling with clean soil, and contingency planning for groundwater monitoring if subsurface water is encountered during additional excavation. 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-based contamination and heavy-metal-bearing sandblasting grit found at this property originated from continuous industrial operations that, based on the nature and extent of the impacts, are consistent with activity predating 1986 by a substantial margin. Occurrence-based CGL policies issued to industrial operators before 1986 carried no effective pollution exclusion under Washington law and remain potentially enforceable against the historical carriers who wrote them. The cleanup costs now facing this property — soil excavation, contaminated-soil disposal, backfill, and potential groundwater monitoring — are precisely the type of expenditures those pre-1986 policies may be obligated to fund.
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.
