This Lake Union property served as the former NOAA Marine Operations Center—Pacific, a federal marine facility whose contamination profile is consistent with decades of marine and industrial operations. Environmental investigations dating to 1999 have identified PCBs (Aroclor-1254) in sediment and confirmed arsenic, lead, mercury, and petroleum hydrocarbons in groundwater at concentrations above cleanup levels, with the same contaminants suspected in surface water. 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.
The NOAA Marine Operations Center—Pacific operated at this site during the era when PCBs were still in common industrial use — a period ending with EPA's 1979 ban and well predating the 1986 shift away from occurrence-based Commercial General Liability policies. The contamination documented here — PCBs, heavy metals, and petroleum compounds confirmed above cleanup levels in groundwater — reflects the operational footprint of that pre-1986 federal marine facility. Occurrence-based CGL policies in effect during those decades of operation may still respond to the remediation costs now being incurred and those yet to come.
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.