This waterfront property has been in continuous industrial and governmental use since the early 1900s, initially as a shipyard and sawmill complex, then as a Navy facility during World War II — complete with a service station and fuel storage tanks — before the Port of Tacoma acquired it in 1960. Cleanup activities under the Voluntary Cleanup Program have included numerous underground storage tank removals and soil over-excavation campaigns between 1983 and 1999, removal of petroleum-impacted water, and installation of monitoring wells. Groundwater remediation using Monitored Natural Attenuation with contingent anaerobic reagent injections and product recovery is planned, with a restoration and monitoring period of up to 20 years. 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.
Petroleum contamination at this property traces to fuel storage tanks and a service station operated under Navy and Port of Tacoma ownership decades before 1986, when occurrence-based CGL policies carried no effective pollution exclusion in Washington. The documented remediation expenditures — spanning UST removals, soil excavation, groundwater recovery, and a multi-decade monitoring program still ahead — represent costs that historical carriers who issued policies during the pre-1986 operational window may be obligated both to reimburse and to fund going forward.
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.
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.