This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.

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.

This railroad corridor has been in continuous operation for well over a century, with BNSF's predecessor railroads running trains through this stretch of the Columbia River since the 1800s. Occurrence-based Commercial General Liability policies issued to the railroad operators during those pre-1986 decades had no effective pollution exclusion and remain a potential source of cost recovery. The confirmed diesel contamination in groundwater — requiring ongoing monitoring and remediation to meet state cleanup levels — represents the type of environmental liability that historical CGL carriers may be obligated to address.

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.