This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

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.

PCBs were banned for new use in the United States in 1979, which means the transformer equipment responsible for contamination at this substation was installed and operated well before 1986. Occurrence-based CGL policies issued to PUD #1 of Clallam County during those years of transformer operation carried no effective pollution exclusion under Washington law. The investigation and remediation costs now accumulating through the VCP — and those yet to come as the feasibility study and cleanup proceed — represent liability that historical carriers may be obligated both to recover and to fund going forward.

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.