This property has a documented history as a public works and maintenance 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.

The Port of Tacoma has operated this intermodal rail yard since the early twentieth century, with railroad tenants whose operations at this location trace back decades before 1986 — Tacoma Rail since 1914, Burlington Northern's predecessor lines since the 1800s, and Southern Pacific since 1865. Occurrence-based Commercial General Liability policies issued to the Port and its rail operators during that pre-1986 window likely carried no effective pollution exclusion under Washington law. The cleanup expenditures now being incurred at this yard — site investigation, groundwater assessment, and remediation in a sensitive wellhead-protection area near the Puyallup River — represent costs those historical carriers 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.