Duwamish Shipyard, Inc. purchased this property in 1941 and operated a vessel repair and maintenance shipyard continuously until 2007 — over six decades of industrial use on the Duwamish waterway. At least five underground storage tanks were present on site; one was filled in place in 1986, and four additional USTs were removed in 2000. Contamination has been confirmed in both groundwater and sediment, including metals, petroleum products, non-halogenated solvents, PCBs, PAHs, organotins, and halogenated organics. Cleanup is underway under an Agreed Order. 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.
Shipyard operations at this property began in 1941 — forty-five years before the threshold after which occurrence-based CGL policies ceased reliably covering pollution claims. The contamination found in groundwater and sediment — metals, petroleum hydrocarbons, PCBs, PAHs, and solvents — is consistent with decades of vessel repair, fueling, and industrial maintenance predating the pollution-exclusion era. Historical carriers who issued CGL policies during the shipyard's pre-1986 operational window may be obligated to fund both the recovery of remediation costs already incurred and the cleanup work 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.