This property has a documented history as a industrial and manufacturing facility going back to 1958. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This waterfront property has supported industrial operations since the late 1950s, including a concrete batch plant, cargo terminal, sand and gravel facility, barge loading operations, drum refurbishing, and a school bus parking and maintenance yard. Three underground storage tanks — a 12,000-gallon gasoline UST removed in 1984 and two 10,000-gallon USTs removed in 1991 — were excavated along with approximately 467 cubic yards of impacted soil. The site has been under an Agreed Order since 2011 with a Remedial Investigation and Feasibility Study in progress, and ongoing stormwater treatment and pollution prevention measures remain in place. 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.
Industrial operations at this dock span roughly 1958 through at least 1991 — meaning the concrete batching, aggregate transfer, drum refurbishing, and fuel storage that produced the petroleum, metals, PCBs, and pesticides found here were all underway during decades when occurrence-based CGL policies carried no effective pollution exclusion. Any carriers that insured the cargo terminal operators, the batch plant, or the bus-yard lessee during that window may bear obligation for the remediation costs already incurred and the RI/FS and cleanup work still ahead. With an Agreed Order in force and active investigation ongoing, those costs continue to grow.
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.