This property served as the Camp Bonneville Military Reservation, operated by the U.S. Department of the Army from the early 1900s through 1995. Between 1910 and 1995, the Army used the site for live fire of small arms, assault weapons, artillery, and field and air defense artillery, with additional training and disposal operations conducted by the Portland Air National Guard, local fire departments, and law enforcement. Cleanup under a Standard Cleanup program is ongoing, including extensive groundwater monitoring, soil excavation for source removal at landfill and disposal areas, active remediation of lead contamination at small arms ranges, and initial planning for excavation at newly discovered disposal areas. 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.
Decades of military training, live-fire exercises, and disposal operations at this site generated contamination — including lead from small arms ranges — that originated well before 1986. Occurrence-based CGL policies in effect during those pre-1986 operational years carried no effective pollution exclusion under Washington law and remain enforceable today. With cleanup actively underway and additional excavation being planned, the documented remediation expenditures and projected future costs represent obligations that historical carriers may be required both to reimburse and to continue funding.
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.