Boyer Towing, a family-owned freight and marine towing operation incorporated in 1959, has operated from this South Seattle terminal since 1969, when it began common-carriage freight service between the site and Southeast Alaska. The company acquired the terminal parcels in 1982 and 1983 and expanded operations through its subsidiary Boyer Alaska Barge Line, incorporated in 1975. Polychlorinated biphenyls (PCBs) and dioxins/furans have been confirmed above cleanup levels in sediment at the site, with both contaminants also suspected in groundwater. The property is in the Standard Cleanup program and awaiting remediation. 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.
Freight terminal operations at this property date to 1969 — more than fifteen years before occurrence-based Commercial General Liability policies ceased to be the industry standard in 1986. The confirmed PCB and dioxin/furan contamination in sediment and suspected groundwater impacts represent cleanup liabilities whose investigation, design, and remediation costs have yet to be incurred. Historical CGL carriers whose policies were in force during the terminal's pre-1986 operating decades may bear obligations to fund that upcoming cleanup work.
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.