This property has a documented history as a industrial and manufacturing facility going back to 1950. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property has operated as a shipbuilding and repair facility since the 1950s, with operations including hull painting and sandblasting. Cleanup under a Standard Cleanup program has included removal of 8,320 cubic yards of contaminated sediment, 23 tons of scrap steel, and 20 timber piles, along with installation of asphalt covers and clean fill sand to address upland soil and remaining sediment contamination. A federal complaint regarding illegal discharges from site operations was filed in 1985. Estimated total cleanup costs are $1,100,000, with an initial cash payment of $400,000 and a profit-sharing arrangement extending up to 15 years; environmental testing and ongoing monitoring continue. 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.
The contamination at this shipyard — PCBs, PAHs, metals, and solvents — stems from hull painting, sandblasting, and repair operations that began more than three decades before 1986. Occurrence-based CGL policies issued to the operators during that pre-1986 window carried no effective pollution exclusion under Washington law and remain enforceable today. With documented remediation expenditures already approaching $1.1 million and cleanup still underway, historical carriers who covered the shipyard during its early decades of operation may be obligated both to reimburse past costs and to fund the monitoring and remediation 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.
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.