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 recover the cleanup costs already paid.
The Back Gate area of Port of Bremerton's National Airport property, located along SW State Highway 3 in Port Orchard, was found to have petroleum products and metals contaminating soil and groundwater, triggering an initial investigation on March 11, 1992 under ERTS #N5812. The Port of Bremerton undertook independent remedial actions under the Voluntary Cleanup Program, with investigations and cleanup spanning from 1992 through 2000. Those efforts resulted in a No Further Action determination from Ecology's Toxics Cleanup Program. 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 petroleum and metals contamination at this airport property originated from operational activities that predated the 1992 initial investigation — and the nature of those contaminants indicates releases extending back to an era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The Port of Bremerton's eight years of documented remediation work, from initial investigation through independent cleanup of impacted soil and groundwater, represent expenditures directly traceable to those historical airport operations. Historical CGL carriers whose policies were in force during the pre-1986 operational window may still bear obligations for those incurred cleanup costs.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
Recovering Costs from an Older Cleanup
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
