This property has a documented history as a industrial and manufacturing facility going back to 1890. 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.

BNSF's predecessor railroads have operated through this Whatcom County corridor since the 1890s — nearly a century of continuous railroad use before occurrence-based Commercial General Liability policies gave way to claims-made forms in the mid-1980s. CGL policies issued to the railroad operators during that long pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. The remediation expenditures now accumulating at this site — spill investigation, soil and groundwater sampling, and potential further cleanup of uncharacterized areas — represent costs that historical carriers who insured these railroad operations 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.