This property has a documented history as a public works and maintenance facility going back to 1936. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
The Colman Dock at Pier 52, operated by the Washington State Department of Transportation's Ferries Division (WSF), incorporates a timber trestle first built in 1936, reconstructed in 1964, and expanded in 1971; the terminal building was also constructed in 1964. Contamination at the site — creosote-treated wood, impacted sediment, and contaminated fill — was documented by 1989, when sediment capping was installed to contain the release. Cleanup work to date has removed 7,400 tons of creosote-treated wood, 2,500 piles, 2,600 cubic yards of contaminated sediment, and 7,700 cubic yards of contaminated fill, along with asbestos abatement and historical UST removal. Planned work includes sediment capping expansion and new stormwater treatment vaults, with an estimated hazardous materials management and capping cost of approximately $2.6 million over six years. 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.
Creosote pile installations at Colman Dock began with the 1936 trestle construction — contamination was accumulating at this site for fifty years before the pollution exclusion became standard in CGL policies, and the sediment cap installed in 1989 and 1990 confirms that contamination was already present and acknowledged before that shift. WSDOT, as the long-standing owner and operator, may hold pre-1986 occurrence-based policies that were in force during the years those creosote piles were actively leaching into the surrounding sediment. The carriers who issued those policies may bear responsibility for the documented remediation costs already incurred — as well as the $2.6 million in planned capping and stormwater work still 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.
