Seattle City Light acquired this property in 1948 and operated a 4-kilovolt electrical substation here until 2011, spanning over six decades of continuous public utility use. PCB contamination confirmed in groundwater has been traced to a specific vandalism incident in 2011, and lead and petroleum diesel have also been detected in groundwater at the site. The property is currently awaiting cleanup under Washington's Standard Cleanup program, with no active remediation yet commenced. 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.
This property's substation operations began in 1948 — 38 years before the 1986 shift away from occurrence-based CGL policies that carried no effective pollution exclusion. While the site's PCB contamination has been attributed to a 2011 vandalism incident rather than routine operations, lead detected in groundwater at a property with nearly four decades of pre-1986 electrical infrastructure use may reflect releases tied to that earlier operational window. To the extent any contamination at the site originated during the pre-1986 period, historical carriers whose policies covered the substation's operations could bear obligation toward the cleanup costs this property now faces.
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.