This site was the location of a Peninsula Light Company voltage regulator containing PCB-laden mineral oil — a transformer that, given the 1979 federal ban on PCB manufacture, was produced and installed no later than the late 1970s. On January 24, 2004, the transformer ruptured, releasing approximately 60 gallons of PCB-containing oil into the surrounding environment. Subsequent investigation confirmed PCB contamination in groundwater at the property; the site is currently awaiting cleanup under the Standard Cleanup program. 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 transformer at this property was manufactured and installed before the 1979 PCB ban, placing its operational origins well within the pre-1986 window when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The PCB contamination now confirmed in groundwater traces directly to equipment that was in service during that earlier coverage period. Investigation and remediation costs the property faces — still ahead, with cleanup not yet commenced — could plausibly fall within the scope of historical CGL policies issued to the operators during the years the PCB-containing transformer was in active use.
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.