Railroad operations at this Tacoma railyard date to the end of the 19th century, with BNSF and its predecessor railroads fueling and servicing trains at the site for over a hundred years. The facility was listed as a contaminated site in 1994 after diesel and heavy oil contamination was identified at multiple locations across the railyard, with confirmed groundwater contamination exceeding MTCA Method A cleanup levels and free product detected in very shallow groundwater. The site is currently in the Standard Cleanup program and awaiting active remediation. 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.
Petroleum contamination at this facility — diesel and heavy oil in groundwater, with free product present — originated from railroad fueling operations that were well established nearly a century before 1986. Occurrence-based CGL policies issued to the railyard's operators during that extended pre-1986 window carried no effective pollution exclusion in Washington. The cleanup costs this site now faces — investigation, design, and full-scale remediation of petroleum-contaminated groundwater across a large railyard — could plausibly be funded by historical carriers whose policies were in effect when the contamination first occurred.
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.