The Pier 86 grain terminal at the Port of Seattle has served as a major grain handling facility, operating under prior ownership as the Cargill Grain Division before transitioning to Louis Dreyfus Commodities. In November 2013, a release of hydraulic fluid from above-ground pipes at the railcar progressor area contaminated groundwater with oil range hydrocarbons, confirmed at concentrations exceeding MTCA cleanup levels by more than two orders of magnitude. The site is enrolled in Ecology's Standard Cleanup program and is currently awaiting cleanup. 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.
Pier 86's grain terminal is capital-intensive port infrastructure with an operational lineage that predates 1986, as evidenced by its prior operation under Cargill's Grain Division before Louis Dreyfus assumed control — part of a Port of Seattle industrial corridor with documented commercial activity since at least the 1920s. Occurrence-based CGL policies issued to operators during that pre-1986 window may respond to the site's current pollution liabilities, including the investigation and remediation costs the property now faces for the hydraulic fluid release and resulting groundwater contamination.
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.