The Fisher Mills Harbor Island site at 3235 16th Ave SW in Seattle sits on Harbor Island, one of the city's oldest industrial zones, in continuous industrial use since the early 1900s. The property is associated with Fisher Flouring Mills, a historic Pacific Northwest milling operation. The site has been listed on Ecology's Confirmed and Suspected Contaminated Sites List since October 2000, with non-halogenated petroleum compounds confirmed in groundwater. Cleanup is underway under the Standard Cleanup program. 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.
Industrial operations on this Harbor Island property date to an era well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The petroleum contamination confirmed in groundwater beneath this site is consistent with the type of gradual, operations-related release those policies were written to cover. With cleanup actively underway under the Standard Cleanup program, the remediation costs already incurred and those still ahead may be recoverable from historical carriers whose CGL policies were in force during the decades of pre-1986 industrial use.
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.