This property has been in industrial use since the late 1950s, first as a U.S. Air Force BOMARC missile site and later as part of The Boeing Company's Commercial Airplane Group Everett Plant, where operations included sub-assembly of commercial aircraft interiors using solvents, paints, lacquers, methyl ethyl ketone, and other industrial chemicals. Cleanup was initiated in 1997 and remains ongoing under a Standard Cleanup program, with activities including extensive soil and sediment excavation across multiple areas, groundwater treatment through electrical resistance heating, enhanced bioremediation, and twelve extraction wells, as well as planned soil vapor extraction. Institutional controls including environmental covenants, compliance monitoring, and stormwater system decontamination are in place, with remediation costs borne by Boeing. 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.
Industrial operations at this site — including dangerous waste management and tank installations documented as early as 1980 — preceded 1986 by years, placing them squarely within the era of occurrence-based CGL policies that carried no effective pollution exclusion in Washington. The scale and duration of the contamination response here — nearly three decades of excavation, groundwater extraction, bioremediation, heating systems, monitoring, and institutional controls — represent substantial remediation expenditures that historical carriers may be obligated both to reimburse and to continue funding as cleanup progresses. With quarterly reporting, five-year periodic reviews, and soil vapor extraction still ahead, the cost trajectory at this site is far from resolved.
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.