Northwest Transformer operated as a transformer-related industrial facility on Goodwin Road in Everson, Whatcom County. A Site Hazard Assessment identified suspected PCB contamination and petroleum products in groundwater beneath the property. The Washington Department of Ecology reviewed the assessment and issued a No Further Action determination for the site on August 10, 2001. 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.
PCBs were banned from manufacture in 1979 under the Toxic Substances Control Act, and their presence at a transformer facility is a direct fingerprint of operations during the era when PCB-containing equipment was in widespread industrial use — well before the 1986 shift away from occurrence-based Commercial General Liability policies. The suspected PCB and petroleum contamination identified in groundwater at this site traces to that pre-1986 operational window. Historical carriers whose CGL policies were in effect during those years of transformer operations may bear obligation for the environmental liabilities associated with this contamination.
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.