The Wishkah River Bridge in Aberdeen was built in 1925 and coated with lead-based paint containing 20–40% lead by weight. During a 2003 maintenance project, a contractor scraped and blasted the lead paint without proper containment, releasing lead into the sediment beneath the bridge — sampling confirmed concentrations up to 1,310 mg/kg. Lead has also been detected in groundwater and surface water in the Wishkah River, which runs directly beneath the structure and supports ESA-candidate salmonid species. The site is enrolled in the Standard Cleanup program and awaiting active remediation. 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.
The Wishkah River Bridge has been in continuous service since 1925, with lead-based paint applied to the structure throughout its pre-1986 operational life — decades during which occurrence-based Commercial General Liability policies carried no effective pollution exclusion. Those historical policies may respond to the contamination liabilities now associated with the site. With cleanup still ahead — addressing lead contamination in sediment, groundwater, and surface water along an ecologically sensitive river corridor — the investigation and remediation costs the responsible parties face could plausibly be funded by carriers whose policies were in effect during the bridge's pre-1986 operations.
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.