This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

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.

The metals contamination detected in groundwater at this rail yard is distinct from the 1996 diesel spill and may originate from decades of heavy industrial rail operations predating 1986 — the year occurrence-based CGL policies ceased reliably covering pollution claims. Union Pacific's presence in the Pacific Northwest dates to the 1860s, and infrastructure of this scale was almost certainly in place well before the 1986 policy transition. If the metals releases trace to that pre-1986 operational window, historical CGL carriers who covered the rail yard during those years may bear obligations toward the ongoing remediation costs.

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.