This property in Tacoma's industrial district has served as a railroad transload facility with several rail spurs operated by Union Pacific, with operations dating back well before 1986. Ecology's involvement with the site began with an Initial Investigation in 1992, prompted by releases of fuel and other petroleum products during railroad operations. Soil remediation has been completed, but groundwater contamination from petroleum products remains suspected, and the site scored C2 in Ecology's SHARP assessment. Cleanup is underway 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.
Union Pacific's railroad transload operations at this Tacoma industrial site were established decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and contained no effective pollution exclusion. The petroleum releases documented at this facility arose from the type of long-running industrial operations those policies were designed to cover. With soil already remediated and groundwater investigation still ahead, the cleanup costs incurred and yet to come may be recoverable from historical carriers whose CGL policies were in force during the facility's pre-1986 operational years.
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.