This site lies along a BNSF Railway rail line in Stanwood whose predecessor railroads — Great Northern and Northern Pacific — have operated in Washington State since the 1800s. A 2007 Site Hazard Assessment identified petroleum contamination following a diesel fuel release from a train engine discovered on March 17, 2006. TPH Diesel was detected in both groundwater and surface water, with the Stillaguamish River approximately 4,300 feet to the southwest. Cleanup is underway under Washington's 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.
BNSF and its predecessor railroads have operated this Stanwood rail corridor since the nineteenth century — decades before 1986, when occurrence-based Commercial General Liability policies still carried no effective pollution exclusion. Petroleum contamination now documented in groundwater and surface water requires active remediation under the Standard Cleanup program. Historical carriers who insured rail operations at this location during the pre-1986 window may bear obligations toward the cleanup costs already being incurred and those still to come.
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.