This property served as the base for Hurlen Construction Company's marine construction operations from the late 1940s through the early 2000s, encompassing pile driving, dredging, general marine construction, and storage and operation of cranes, barges, and other heavy equipment. Documented discharges include a used oil release in 1970 and a petroleum release in 1984. Cleanup activities within the Lower Duwamish Waterway and upland areas have included sediment and soil excavation, groundwater monitoring, stormwater management, and extensive source control measures — a long-term, multi-faceted remediation effort that 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.
Marine construction and heavy-equipment operations at this site began more than three decades before 1986, and the documented oil and petroleum discharges in 1970 and 1984 fall squarely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion in Washington. The remediation costs already incurred — sediment removal, soil excavation, groundwater monitoring, and years of source control — along with the costs still ahead as cleanup continues, represent expenditures that historical carriers who insured these operations 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.
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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.