This property served as a regulator station operated by Inland Power & Light, an electric utility, with regulator ballast tanks containing PCB-laden oil. When the station was retired in the early 1960s, an estimated 90 gallons of PCB-containing oil may have been released to the environment from the ballast tanks. Soil testing has confirmed PCB contamination above cleanup levels, yet no cleanup action has been conducted at the site to date. 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.
The PCB release at this site originated from utility infrastructure that was already being decommissioned in the early 1960s — more than two decades before occurrence-based CGL policies ceased reliably covering pollution claims. The contamination remains unaddressed, meaning the full cost of investigation, remediation design, and cleanup still lies ahead. Historical carriers whose policies were in force during the operational and decommissioning period may bear an obligation to fund that forthcoming remediation.
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.