This property has operated as a steel mill since before 1985, first as Seattle Steel and then as Nucor Steel Seattle, Inc., within a steel-manufacturing area active since the late 1800s. Cleanup activities connected to the site include upland source control with a slurry wall and NAPL recovery trench installed in 2003–2004, a subaqueous sediment cap covering over 58 acres of the adjacent Puget Sound Resources Superfund Site placed in 2004–2005, and cleaning of the Longfellow Overflow Line drainage in 1996 that removed 50–150 cubic yards of contaminated sediment. Additional soil excavation and disposal of contaminated soil and pipe sections are currently planned following the discovery of industrial contaminants during maintenance upgrades to the facility's piping system. 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.
Steel mill operations at this property were well established before 1986, when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion in Washington. The contamination identified here — PCBs, mercury, diesel-range hydrocarbons, and lubricating oil in soil and infrastructure — is consistent with decades of industrial use predating that coverage threshold. Documented remediation expenditures spanning source control, sediment capping, drainage cleanup, and ongoing monitoring represent costs that historical CGL carriers who insured operations during the pre-1986 window may be obligated both to reimburse and to continue funding.
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.