The Kaiser Trentwood Works has operated as a heavy industrial aluminum manufacturing facility in Spokane since at least the 1950s, discharging industrial effluent wastewater to the Spokane River over decades of production. Cleanup efforts have focused on groundwater contaminated by PCBs and free product, with numerous monitoring, extraction, and skimmer wells installed across the site. A court-ordered Remedial Investigation and Feasibility Study is underway to address PCB-contaminated sediments in the Spokane River, and remediation work remains ongoing. 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.
PCB contamination and free-product releases at this facility trace back to industrial operations that were well established by the 1950s — more than three decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The scale of documented remediation here — extensive well networks, groundwater extraction, and a court-ordered study of river-sediment contamination — represents substantial past and future cleanup expenditures tied directly to those pre-1986 operations. Historical carriers who issued CGL policies during Kaiser Trentwood's early decades of industrial production may be obligated both to reimburse costs already incurred and to fund the remediation still ahead.
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.