This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.
This property is an electrical substation operated by PacifiCorp (formerly Pacific Power & Light) in Union Gap, Yakima County, converting high-voltage interstate transmission power to distribution-level voltage. In 2007, PacifiCorp crews discovered that an old non-PCB transformer had been leaking mineral oil to the soil over a number of years prior to discovery. Remediation included excavation of approximately 27 cubic yards of oil-stained soil, recovery of 100 gallons of mineral oil from the transformer vault, groundwater purging during sampling, and repair of the leaking transformer. Cleanup work is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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.
The mineral oil release here was not a discrete 2007 accident but the result of a prolonged, undetected leak from a transformer that was installed and operating well before 1986. Occurrence-based CGL policies issued to the utility or its predecessors during that pre-1986 operational window carried no effective pollution exclusion and remain potentially enforceable today. The documented remediation costs — soil excavation, oil and groundwater recovery, and transformer repair — are directly traceable to that historical release period, and historical carriers may be obligated both to recover those expenditures and to fund 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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
