This property has a documented history as a industrial and manufacturing facility going back to 1929. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
The E Marginal Way ROW Grade Project encompasses multiple industrial parcels along Seattle's Duwamish waterfront, with historical operations including foundries, machine shops, cement manufacturing, compressed gas production, metal fabrication, and Port of Seattle cargo transfer — a mixed industrial corridor with documented underground storage tank installations dating to at least 1929. Cleanup work included a geophysical UST survey, installation of groundwater monitoring wells, in-situ groundwater remediation via injection of 440 gallons of oxygen-release compound (EHC-O) across 20 injection points, and targeted soil excavation with off-site disposal. The Voluntary Cleanup Program agreement remained active from at least 2007 through 2012, with long-term groundwater monitoring conducted throughout; cleanup work is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 contamination here — petroleum hydrocarbons from USTs and machinery, and heavy metals from foundry and metalworking operations — originates from identifiable industrial operators including Alaskan Copper Works, Ash Grove Cement West, and Port of Seattle terminals, with tank installations documented as far back as 1929. Occurrence-based CGL policies issued to those operators across the pre-1986 decades carried no effective pollution exclusion and may be enforceable both to recover costs already incurred — EHC-O injection, soil excavation, and years of monitoring — and to fund the remediation work that remains in progress at this multi-parcel site.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.


