This property has a documented history as a industrial and manufacturing facility going back to 1909. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

Why Historical Insurance Policies May Be Accessible

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.

Railroad operations at this property date to 1909 — more than seven decades before the 1986 shift away from occurrence-based Commercial General Liability policies. The contamination identified here — petroleum hydrocarbons, chlorinated solvents, and free product in groundwater within Auburn's wellhead protection zone — traces directly to fueling, maintenance, and solvent-handling activities conducted under those pre-1986 policies. The cleanup costs this site now faces could plausibly be funded by historical carriers whose occurrence-based CGL policies were in effect during the decades of active railyard operations.

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.