This property has a documented history as a public works and maintenance facility going back to 1966. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
Duwamish Waterway Park has been operated by Seattle Parks and Recreation since at least 1966, with formal operations documented from 1974–1975 and a landscaping project — including imported topsoil — permitted in 1980–1981. Arsenic contamination has been documented in shallow soil at the site and is attributed to the Asarco smelter, an offsite source that closed in 1986. No completed cleanup or active remediation activities specific to the property have been documented, and the potential for further contamination from offsite sources has been identified. 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 arsenic contamination at this site is tied directly to the Asarco smelter, an offsite industrial operation that closed in 1986 — meaning the contamination deposit occurred before or at the close of the era when occurrence-based CGL policies remained in force. Seattle Parks and Recreation's operations at the site began more than a decade before that cutoff, placing the property squarely within the window those policies covered. Historical carriers whose CGL policies were in effect during the park's pre-1986 years of operation may be obligated to fund the investigation and remediation costs that now lie 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.
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.
