This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

Petroleum hydrocarbons and BTEX compounds of the type documented here — gasoline, diesel, and heavy oil — are characteristic of releases from long-standing transportation infrastructure whose operational history commonly predates the 1986 industry shift away from occurrence-based CGL policies. If the contamination in the remediated railroad bed material traces to operations conducted before 1986, carriers who issued CGL policies to responsible parties during that window may retain obligations to fund the investigation and remediation costs the property now faces. Those costs remain unsettled as the site awaits its next cleanup phase.

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.