Fishing Vessel Owners Marine Ways was incorporated in 1919 by halibut-schooner owners and operated marine repair ways at Fishermen's Terminal in Seattle for more than a century before closing in February 2022. Site investigations have identified arsenic, lead, other metals, polycyclic aromatic hydrocarbons, and petroleum products in both groundwater and sediment — a contaminant profile consistent with decades of marine industrial operations including vessel maintenance and repair. The site is currently awaiting cleanup under the state'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.
Marine industrial operations at this property began 67 years before 1986, the year occurrence-based Commercial General Liability policies stopped reliably covering pollution claims. The contamination in groundwater and sediment — arsenic, lead, metals, PAHs, and petroleum — traces to the vessel repair and maintenance activities that defined this facility throughout the mid-twentieth century. With cleanup costs still ahead, historical carriers who issued CGL policies during the decades of pre-1986 operations at Fishermen's Terminal could plausibly be obligated to fund the remediation this site now requires.
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.