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.
This site involves a Public Utility District transformer contaminated with polychlorinated biphenyls (PCBs). Because federal law banned PCB production for transformers in 1979, the PCB-containing equipment here was necessarily manufactured and installed before that date, placing its origins well within the pre-1986 window. A transformer release was first reported in 2019, and an initial site investigation was completed by February 2022. Suspected groundwater contamination includes both PCBs and petroleum hydrocarbons, and cleanup is underway under Washington's Standard Cleanup program. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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.
The PCB contamination at this property traces to transformer equipment that was manufactured and installed before 1979 — at least seven years before occurrence-based Commercial General Liability policies gave way to claims-made forms with effective pollution exclusions. The remediation costs now being incurred to address PCB and petroleum contamination in groundwater are the type of expenditures those historical policies were designed to cover. With cleanup underway and an Early Notice Letter issued as recently as June 2025, historical carriers who insured the utility's operations during the pre-1979 installation period may still be obligated to fund ongoing 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
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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.