Harvey Airfield has operated as an airfield since 1944, encompassing 135 acres of runways, taxiways, and airport-associated structures. In 1999, three underground storage tanks storing jet-A fuel and aviation gas were excavated and removed along with 650 cubic yards of petroleum-impacted soil. The excavated soil was remediated on-site through aeration, and monitoring of the treated area continued through 2021, culminating in a No Further Action determination. 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 petroleum contamination at this property originated from underground storage tanks that served airfield fueling operations dating back decades before 1986, when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The documented remediation costs — tank removal, excavation of 650 cubic yards of impacted soil, on-site soil treatment, and more than two decades of monitoring — were incurred to address releases tied directly to those pre-1986 fueling operations. Historical carriers who issued CGL policies during that operational window may still be obligated to recover those cleanup expenditures.
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.
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.
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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.