Bradford Island, situated within the Bonneville Dam complex in Skamania County, was used by the U.S. Army Corps of Engineers for chemical and equipment storage, hazardous waste disposal, and as a landfill from 1942 through 1982. Polychlorinated biphenyls (PCBs) have been confirmed in river sediments and groundwater surrounding the island, prompting a joint health advisory from the Oregon Health Authority and the Washington State Department of Health regarding contaminated fish and shellfish. The site is listed as a federal Superfund site, and cleanup work is underway. 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.
Forty years of hazardous waste disposal and landfill operations on Bradford Island — from 1942 through 1982 — fell entirely within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The PCB contamination now confirmed in sediments and groundwater traces directly to those decades of pre-1986 disposal activities. Superfund-scale remediation costs, already accumulating as cleanup proceeds, represent expenditures that historical carriers may be obligated both to recover and to fund going forward.
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.