MC Terminals operated as a petroleum bulk storage and distribution terminal at 40 South Spokane Street in Seattle's industrial waterfront district near the Duwamish. The site has been listed on Ecology's Confirmed and Suspected Contaminated Sites List since 1991, with confirmed halogenated organics and suspected polycyclic aromatic hydrocarbons (PAHs) and base/neutral/acid organics identified in groundwater. A Site Hazard Assessment initiated in 2014 could not be completed due to insufficient site information, and no active remediation has commenced — the property remains in Awaiting Cleanup status. 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 three contaminant classes found in groundwater at MC Terminals — halogenated organics, PAHs, and BNA organics — are characteristic of long-duration petroleum terminal operations, and the site's 1991 CSCSL listing confirms the contamination was recognized well before modern pollution exclusions became standard. With no remediation yet undertaken and the full scope of cleanup costs still ahead, historical carriers who covered this terminal during its pre-1986 operating years face potential exposure to the investigation, remediation, and long-term monitoring expenses that the property owner will now incur.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.