This property has a documented history as a landfill going back to 1907. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
The Union Pacific Railroad Tunnel was originally constructed between 1907 and 1915. After abandonment it became an informal refuse disposal site — bottles, building materials, and tires were deposited over decades, with sinkholes in the surrounding area used for refuse as early as the 1950s. EPA groundwater sampling in the 1980s identified cyanide, trichloroethylene (TCE), and 1,1,1-trichloroethane in the groundwater, confirming that contaminants from the disposed refuse had entered the subsurface. No active cleanup has been initiated, and the site currently awaits remediation. 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 refuse disposal that introduced cyanide, TCE, and 1,1,1-trichloroethane into the groundwater here was ongoing from at least the 1950s through a period that squarely overlaps the pre-1986 coverage window. Operators and property owners actively depositing refuse during that span would have carried occurrence-based CGL policies at the time — policies triggered by the gradual releases that characterize exactly this kind of long-term disposal site. Because no remediation has yet begun, the investigation, design, and cleanup costs that lie ahead could plausibly be funded by historical carriers whose policies were in force while contamination was accumulating.
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.
