The Kerner Scott Building property in Seattle has been developed since at least 1936, with a warehouse constructed by 1946. Commercial and industrial tenants occupied the site for decades, including Martin Tackle and Manufacturing Co. from 1951 to 1961 and Meyer Sign Co. from 1965 to 1988. Groundwater monitoring has confirmed petroleum hydrocarbon contamination — gasoline-range compounds consistent with stoddard solvent, mineral spirits, or aged gasoline — originating from off-site underground storage tank releases at nearby properties. Cleanup is underway under Washington's Standard Cleanup program. 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.
Commercial and industrial operations at this property span back to at least 1936, placing decades of activity squarely within the era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The confirmed petroleum hydrocarbon contamination in groundwater — and the remediation costs associated with addressing it — represent obligations that historical carriers who covered the property's operations during that pre-1986 window may be required to fund. With cleanup still in progress, both past expenditures and future remediation costs remain at stake.
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.