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 railroad right-of-way at this location has been in continuous operation since the late 1800s, built and maintained by predecessor railroads including Great Northern Railway and Burlington Northern Railroad — decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard. Those historical policies, issued during more than a century of pre-1986 rail operations, may respond to the pollution liabilities now being addressed at this site. With active remediation costs accumulating under the Voluntary Cleanup Program, historical carriers who provided CGL coverage during that long operational window may be obligated to fund ongoing cleanup.

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.