The Stimson Marina at the Salmon Bay Center has operated since its construction in 1960, providing 250 slips for permanent and temporary moorage of recreational and commercial vessels. Historical boat painting and hull-maintenance activities introduced Tributyltin (TBT), petroleum hydrocarbons, PAHs, PCBs, and metals into the surrounding sediments. Under a Voluntary Cleanup Program agreement, monitored natural recovery has been tracked from 1995 through 2024, producing substantial reductions in contaminant concentrations across the sediment. Cleanup work remains 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.
Sediment contamination at this marina traces directly to vessel-maintenance and antifouling-paint operations that began in 1960 — more than two decades before occurrence-based CGL policies were supplanted by claims-made forms with pollution exclusions. The remediation timeline already spans nearly thirty years of investigation, monitoring, and natural recovery, with costs still accruing as cleanup continues. Historical carriers who issued CGL policies covering the marina's operations during that pre-1986 window may be obligated both to reimburse past remediation expenditures and to fund the cleanup work that lies 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.
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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.