This property in Tacoma's Middle Waterway served as a steel foundry and aluminum alloy piston casting facility, with industrial operations established well before the 1980s. The site's contamination — heavy metals, polycyclic aromatic hydrocarbons (PAHs), and polychlorinated biphenyls (PCBs) in soil and sediment — was severe enough to warrant inclusion in the Commencement Bay/Nearshore Tideflats Superfund site when it was listed on the National Priorities List in 1983. Remediation under a 1996 Consent Decree included removal of 18,500 tons of contaminated soil and 300 tons of hazardous waste, with a remedial investigation and feasibility study following in 1997. Construction of the cleanup remedy is now complete, though performance monitoring continues and mercury contamination in Area A sediment remains above cleanup levels. 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.
Steel foundry and aluminum casting operations at this waterway site were established decades before 1986, placing the facility squarely within the era when occurrence-based Commercial General Liability policies covered pollution claims without effective exclusion. The 1983 Superfund listing confirms that contamination from those foundry operations was already significant before the CGL policy landscape shifted. The remediation expenditures incurred here — large-scale soil and hazardous waste removal, sediment cleanup, and ongoing monitoring for residual mercury — represent costs that historical carriers who insured the facility during that pre-1986 window may be obligated both to recover and to fund going forward.
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.