Industrial & Manufacturing cleanup site — Restorical Research
Duwamish Shipyard
5658 W Marginal Way SW, Seattle, King County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a industrial and manufacturing facility going back to 1941. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

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.

Former Use
Former Industrial & Manufacturing
Address5658 W Marginal Way SW, Seattle, King County
Historical UseIndustrial & Manufacturing
Est. Operating Since1941
StatusCleanup Started
Contamination & Investigation
Site Assessment Summary
ContaminantsMetals, petroleum products, non-halogenated solvents, PCBs, PAHs, organotins, and halogenated organics detected in groundwater and sediment
Media ImpactedSoil, Groundwater, Sediment
Regulatory ProgramMTCA — Standard Cleanup
Ecology Site #54

Why Historical Insurance Policies May Be Accessible

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.

What We Look For

  • Historical insurance policies (pre-1986)
  • Policy numbers, carrier names, and coverage periods
  • Connection between contamination timing and policy period
  • Evidence linking cleanup obligation to insured activity

What We Deliver

  • Historical Coverage Chart
  • Trigger Analysis & Property/Policy Nexus
  • Coverage strategy with recommendations
  • Insurance funding for your remediation
  • Claims Management & Forensic Accounting

The Restorical Proven Process

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether a successful cost recovery is possible, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.