This property served as a Washington Air National Guard facility at Paine Field in Everett, Snohomish County, and is classified among a group of historical sites where prior cleanup was reportedly completed but soil and groundwater contamination persists. The site is now under the Standard Cleanup program, with further remedial action required to address the remaining contamination. 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.
The site's classification as a historical facility with contamination predating a 2013 Ecology review — and a prior round of cleanup that proved insufficient — points to operations and releases stretching back well before 1986. Occurrence-based CGL policies in effect during those earlier decades of military and government operations may carry obligations to fund the additional remediation costs this site 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.
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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.