This Port of Seattle property was leased to Fishing Vessel Owners Marine Ways, Inc. for marine vessel repair and net maintenance operations, with contamination linked directly to those industrial activities. Cleanup has included the removal of two underground storage tanks and overexcavation of approximately 60 tons of petroleum-contaminated soil in 1992, followed by six consecutive quarters of groundwater and soil monitoring in 1996. The site is under the Standard Cleanup program with potential grant funding of $200,000 to $300,000 identified for future independent remedial actions. 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.
The underground storage tanks removed from this property in 1992 are consistent with installations dating to the late 1960s, placing the origin of contamination squarely within the era of occurrence-based Commercial General Liability policies that carried no effective pollution exclusion in Washington. Documented remediation expenditures — tank removals, soil excavation, and multi-year monitoring — along with anticipated future cleanup costs represent obligations that historical carriers who insured operations at this facility during that pre-1986 window may be required 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.
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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.