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.
The Swamp Creek PFAS site is located on Paine Field Airport property in Everett, where multiple documented releases of aqueous film forming foam (AFFF) — a firefighting agent containing PFAS compounds — occurred at the Airport's ATS Hangar 1 Building from the 1990s through 2010, discharging into the airport stormwater conveyance system. Initial and supplemental investigations have confirmed per- and polyfluoroalkyl substance contamination at the site; the property now awaits a Remedial Investigation, Feasibility Study, and Cleanup Action Plan under the Voluntary Cleanup Program, with potential interim remedial actions also under consideration. No active cleanup has yet commenced. 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.
Active water rights within the Swamp Creek Study Area — part of Paine Field Airport property — date to 1974, establishing that this facility was in operation well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The AFFF releases at ATS Hangar 1 are attributed to longstanding historical operations at the airport rather than any isolated incident, making this the type of gradual, ongoing contamination event that pre-1986 occurrence-based policies were written to address. Carriers who issued CGL coverage to the airport operators or tenants during that pre-1986 operational window may be obligated to fund the investigation, remediation design, and cleanup costs this property now faces.
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.
