This property is part of the Naval Undersea Warfare Engineering Station at Indian Island, where a three-acre Public Works Area housed industrial shops from the 1940s through 1979. An Enforcement Order requires the U.S. Navy to conduct and finance remedial actions, including a Site Hazard Assessment, Remedial Investigation/Feasibility Study, and implementation of a Cleanup Action Plan with engineering designs, construction, operation and maintenance, and compliance monitoring. Construction of the cleanup remedy is complete, and performance monitoring is 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.
Industrial operations at this naval facility began in the 1940s — more than four decades before 1986, the watershed year when occurrence-based Commercial General Liability policies ceased reliably covering pollution claims. The contamination attributed to those decades of industrial activity has triggered an Enforcement Order and a multi-year remediation program with significant associated costs. Historical CGL carriers whose policies were in effect during the facility's operational window may bear obligation for the cleanup expenditures already incurred and the monitoring costs that continue.
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.