Tacoma Rail has operated this railyard since 1914, with historical operations that included the use of creosote-treated wooden crossties. Recent incidents in 2020 and 2021 resulted in documented contamination, with benzene, MTBE, and petroleum hydrocarbons identified at the property. Groundwater was encountered at 30 inches below ground surface during remediation but was never sampled, and suspected groundwater contamination remains uncharacterized. The site is currently awaiting cleanup under the Standard Cleanup program. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 railyard has been in continuous industrial operation since 1914 — more than seven decades of activity before 1986, during which occurrence-based CGL policies carried no effective pollution exclusion in Washington. While documented contamination at the site has been attributed to recent incidents, suspected groundwater contamination beneath a century-old railyard that used creosote-treated crossties has never been sampled or fully investigated. As the site's full environmental condition is assessed and cleanup costs are incurred, pre-1986 carriers who insured those decades of railyard operations may bear obligations tied to any historical releases that investigation reveals.
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.
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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.