This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This Union Pacific Railroad property in Spokane — identified as a railroad bed — was the subject of an August 1995 notification to the Washington State Department of Ecology reporting a historic release of petroleum hydrocarbons and lead in soils. Soil sampling across the site found every sample exceeded MTCA Method A cleanup levels for heavy oils, and three of eight samples also exceeded those levels for diesel; lead concentrations in soil ranged from 1,800 to 5,400 ppm. No remediation has commenced, and the available documentation consists of a risk-assessment score sheet identifying contaminants and their concentrations. 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 contamination profile here — petroleum hydrocarbons and lead at concentrations of 1,800 to 5,400 ppm — is consistent with operations involving leaded fuel, which was largely phased out before 1986; the railroad itself characterized the release as "historic," confirming it predates the modern era. Occurrence-based CGL policies issued to Union Pacific or its predecessor operators during that pre-1986 window carried no effective pollution exclusion and remain enforceable today. With remediation of the heavy-oil, diesel, and lead contamination not yet commenced, the full scope of cleanup costs lies ahead — and historical carriers whose policies were in force during those operations may be obligated to fund them.
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.
