This residential property in Olympia was the site of polychlorinated biphenyl (PCB) contamination linked to Puget Sound Energy electrical equipment — devices containing PCBs necessarily manufactured before the 1979 federal ban on PCB production. Remediation activities conducted between 2003 and 2004 under the Voluntary Cleanup Program addressed PCB-impacted soil and groundwater, with petroleum products also identified in groundwater. The site received a No Further Action determination from Ecology on December 1, 2004. 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-containing equipment at this property was manufactured and installed before the 1979 federal ban, placing its operational use firmly within the pre-1986 era when occurrence-based Commercial General Liability policies were standard and carried no effective pollution exclusion. The contamination requiring remediation — PCBs in soil and groundwater — traces directly to that pre-1979 equipment. Historical CGL carriers whose policies were in effect during the years that equipment operated may be obligated to cover the cleanup costs incurred to bring the site to its No Further Action status.
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.