This property has a documented history as a facility using PFAS-containing firefighting foam predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
This property served as the fire training center for the Spokane Valley Fire Department, where aqueous film-forming foam (AFFF) was historically used during training exercises, resulting in PFAS contamination from the release of firefighting foam to a swale on the south end of the property. Analytical sampling has confirmed soil concentrations of PFAS from those historical releases. The site has entered the Voluntary Cleanup Program, and anticipated ground-disturbing cleanup activities will require cultural resource review prior to commencing. 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.
The PFAS contamination at this site originated from recurring AFFF applications during training operations that, by the documents' own description, were historical in nature — making it probable that the facility operated before 1986, when occurrence-based CGL policies still covered pollution events without effective exclusion. Because active remediation has not yet begun, the full cost of investigating and cleaning up the PFAS plume in soil lies ahead. Historical carriers whose policies were in force during those training exercises may be obligated to fund that upcoming cleanup rather than leaving the current property owner to bear those costs alone.
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.
