This property on the Tacoma Tideflats has been in commercial and marine use since the early 1900s, with documented operations including a marina from the 1950s through 1969, log storage in the 1970s, and cedar shake manufacturing from 1979 to 1982. Contamination at the site is attributed to the adjacent Shore Terminal, a petroleum bulk storage facility with 375,000-barrel capacity that operated under Superior Oil Company, Phillips Petroleum, Gulf Industries, and Texaco. Groundwater investigations have confirmed petroleum products, non-halogenated solvents, and polycyclic aromatic hydrocarbons beneath the property. Cleanup is underway through the Voluntary Cleanup Program under a Consent Decree designating the facility as the Superior Oil Site. 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 Shore Terminal's petroleum bulk operations predate 1986 — Superior Oil Company, one of the liable parties under the Consent Decree, was acquired by Mobil in 1984, confirming the terminal was active during the era when occurrence-based Commercial General Liability policies were standard. Multiple major oil companies — Phillips Petroleum, Gulf Industries, and Texaco — carried CGL coverage during their Tideflats operations in that same pre-1986 window. With cleanup underway and groundwater contamination still being addressed, historical carriers who insured those pre-1986 terminal operations may be obligated to fund both past remediation expenditures and the costs 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.
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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.