This property has a documented history as a industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
Sediments in the Spokane River at the Upriver Dam and Donkey Island site were contaminated with PCBs and metals from multiple upstream industrial sources — including Kaiser's Trentwood Facility, Spokane Industrial Park, Liberty Lake Sewage Treatment Plant, and Inland Empire Paper Company — with PCB deposition peaking in the early 1960s; metals contamination originated from historic mining operations. Following a dam failure, approximately 90,000 cubic yards of eroded soils were removed from the river channel, the dam was rebuilt in 1989, and the powerhouse channel and upstream sediments were lined with concrete and armored. Future remedial actions, including capping or dredging of contaminated sediments, are planned but not yet selected by the EPA. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Why Historical Insurance Policies May Be Accessible
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 at this site was deposited prior to 1970 — more than fifteen years before occurrence-based CGL policies began incorporating effective pollution exclusions — and the named industrial operators who contributed that contamination held policies written on an occurrence basis during that window. The documented remediation expenditures here — large-scale river channel excavation, dam reconstruction, sediment armoring, and anticipated future capping or dredging — represent substantial costs tied directly to pre-1986 industrial discharges. Historical carriers whose CGL policies covered any of the contributing upstream operators during that era may still be obligated to fund those remediation costs.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
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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.


