The Washington State Fairgrounds in Puyallup has operated at this location since 1900, with facility infrastructure including buildings dating to 1974 and 1980 and a hazardous waste generator registration beginning in May 1986. Polychlorinated biphenyls (PCBs) and petroleum from an old PCB-containing transformer at the property have been detected in groundwater, surface water, and sediment. The site is under the Standard Cleanup program and awaiting remediation; no active cleanup work has 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.
The PCB-containing transformer at this property is consistent with pre-1986 facility infrastructure common at commercial and institutional sites from the 1960s through the 1980s, placing the contamination source squarely within the era of occurrence-based CGL coverage. PCBs detected across three environmental media — groundwater, surface water, and sediment — signal a remediation scope that will carry substantial investigation and cleanup costs. Historical carriers whose policies were in effect during the decades this equipment was in service may bear an obligation to fund those upcoming expenditures.
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.