This property was developed as a natural gas compressor station beginning in 1955, with Compressor Complex A operational by 1956. The facility expanded over the following decades to include LNG plants brought into service in 1974 and 1978, while an earthen pit for liquids operated on site from 1956 to 1974 and the original air compressor ran from 1956 through 1982 using Pydraul AC oil containing PCBs. Site investigations have confirmed PCBs, dioxins/furans, arsenic, lead, and petroleum hydrocarbons in groundwater, and cleanup is underway through the Voluntary 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.
Contamination at this site — PCBs from hydraulic oil, petroleum hydrocarbons, and heavy metals — traces directly to compressor station and LNG plant operations that began in 1955 and ran continuously through the pre-1986 era. Occurrence-based CGL policies issued to the facility's operators during those decades carried no effective pollution exclusion under Washington law. The remediation costs being incurred to address confirmed groundwater contamination — and those still ahead — represent expenditures that historical carriers may be obligated both to recover and to fund going forward.
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.