This property has served as a railroad switchyard with fueling operations since the early 1900s, initially supporting steam engines that consumed heavy oil (Bunker C) and later transitioning to diesel fueling through the late 1970s. A 30,000-gallon underground storage tank was discovered on the property in 2002, and regulatory correspondence has confirmed diesel and heavy oil contamination in soil, groundwater, and sediment from decades of fueling operations. The site remains in active railroad use, with Amtrak passenger service, railcar switching, and a track maintenance crew headquarters currently operating on the property. 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.
Fueling operations at this switchyard began more than eight decades before 1986, generating petroleum and heavy-metal contamination — including arsenic, diesel hydrocarbons, and Bunker C residuals — that has migrated into groundwater and sediment across the site. Occurrence-based CGL policies issued to the railroad's operators during that extended pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. With cleanup underway and remediation costs still accumulating across multiple environmental media, historical carriers who covered this facility during its peak fueling era may be obligated both to reimburse past expenditures and to fund the ongoing work.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.