The Bonneville Power Administration Snohomish Substation was constructed in the 1940s, with land acquisition beginning in 1947 and original structures — including a control house, switchyard, and aboveground storage tanks — built by 1948. PCB investigations at the site began as early as 1981, and three underground storage tanks were removed in 1987. Contamination including metals, PCBs, petroleum products, and polycyclic aromatic hydrocarbons has been confirmed in groundwater and surface water; a separate 2017 diesel spill introduced additional petroleum contamination. Cleanup is underway through 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.
PCBs, metals, and PAHs at this substation trace to infrastructure and operations that were in place for decades before 1986 — PCB sampling was already underway by 1981, and the USTs removed in 1987 had been installed well before that date. CGL policies issued to BPA or facility operators during that pre-1986 operational window may cover the investigation and remediation costs now being incurred for those legacy contaminants. With cleanup underway and expenditures accumulating, the historical policy record from the substation's first four decades of operation warrants close review.
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.