BNSF RR Delta Yard is a railroad yard in Everett operated by BNSF Railway, whose predecessor railroads — Great Northern Railway and Burlington Northern — have maintained rail facilities in Everett since the late 1800s. Site investigations have identified PCBs, halogenated organics, and metals in soil, along with petroleum diesel in both soil and groundwater, with diesel confirmed above cleanup levels in groundwater. Petroleum diesel in soil has been remediated to below cleanup standards, and the site remains under the Standard Cleanup program with additional cleanup work ongoing. 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.
The contamination at this yard — PCBs, halogenated organics, metals, and petroleum hydrocarbons — is consistent with decades of industrial railroad operations that predate 1986, when occurrence-based CGL policies carried no effective pollution exclusion. Petroleum diesel remains confirmed above cleanup levels in groundwater, meaning remediation costs continue to accrue. Historical carriers who issued CGL policies to the yard's operators during that pre-1986 window may be obligated both to recover past cleanup expenditures and to fund the remediation work still ahead.
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.