This property has served as a fueling location since the 1930s, when underground storage tanks were installed to support a service station at what is now Boston Harbor Marina. A fuel pipeline leak discovered in February 2002 prompted remedial action under Washington's Voluntary Cleanup Program; groundwater sampling confirmed gasoline-range organics (GRO) and benzene at concentrations above MTCA Method A cleanup levels. Remediation included repair of the pipeline and oxygen-releasing compound (ORC) injection to treat affected groundwater. The Department of Ecology issued a No Further Action determination in October 2007. 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.
Service station operations at this property date to the 1930s and 1940s — more than four decades before 1986, the year occurrence-based Commercial General Liability policies ceased to be the industry standard. Underground storage tanks from that era remain physically present on the property, evidence of the long fueling history that preceded today's marina operations. The remediation costs incurred here — pipeline repair, groundwater treatment, and regulatory oversight through the Voluntary Cleanup Program — are expenditures that historical carriers who issued CGL policies during those pre-1986 decades of operation may be obligated to cover.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.