This property has a documented history as a bulk fuel distribution terminal going back to 1954. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.
This Fairchild Air Force Base fueling area has operated since at least 1954, when six underground storage tanks for JP-8 and JP-4 jet fuel were installed at the Area C Pump House. A jet fuel leak in 1984 prompted environmental investigations beginning that year, and a large fuel spill followed in 1985; both incidents released contamination that has persisted in groundwater. Cleanup to date has included removal of five 50,000-gallon and one 25,000-gallon jet fuel USTs, associated oil-water separators, and contaminated soil; ongoing remediation under the Voluntary Cleanup Program involves free product recovery from groundwater, monitored natural attenuation, and land use controls, with a 30-year remedy timeline and an estimated cost of $2,689,000. 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.
Jet fuel contamination at this property originated from bulk storage operations that began in 1954 — more than three decades before 1986 — and was confirmed by documented spill events in 1984 and 1985. Occurrence-based CGL policies in effect at Fairchild AFB during that pre-1986 window carried no effective pollution exclusion and remain potentially enforceable today. Free product detected in groundwater as recently as 2022 has been attributed to re-emergence of the historical contamination from those same spills, linking current remediation costs directly to the pre-1986 operational period. The documented and projected expenditures — UST removals, free product recovery, long-term monitoring — represent costs the historical carriers may be obligated 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.
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.
