The Dalles Lock and Dam has been in operation since 1957 as a major federal infrastructure facility on the Columbia River. In December 2009, a spare transformer valve failure released petroleum products at the site, resulting in groundwater contamination — including floating free product detected in monitoring well MW-8 and TPH exceedances — and an oil release to the Columbia River via the dam's sluiceway. Cleanup is underway under Washington's Standard Cleanup program. 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 Dalles Lock and Dam has operated continuously since 1957, placing nearly three decades of its operational history within the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The petroleum release here — which left floating free product in monitoring wells and oil in the Columbia River — has generated remediation costs at a facility whose historical carriers wrote CGL policies across that entire pre-1986 window. Those carriers may be obligated to fund the cleanup of groundwater contamination and surface-water impacts that remain under active remediation.
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.