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.
This property at 6107 Berkshire Drive in Everett served as a fire-training area where aqueous film forming foam (AFFF) was applied as a fire suppressant, leaving PFAS compounds in the soil. A borehole investigation conducted in 1987 documented the site's historical fire-fighting use, and subsequent characterization confirmed the extent of contamination. No active cleanup has commenced; the planned remedy calls for excavation of an estimated 46,100 cubic yards of PFAS-contaminated soil, with a monitoring well already in place as part of ongoing site management. 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.
The 1987 borehole investigation at this property already characterized the fire-training use here as historical — placing AFFF application at this site before 1986, when occurrence-based CGL policies were standard and carried no effective pollution exclusion. Carriers who issued those policies to operators conducting fire-training at this property during the pre-1986 window may be obligated to fund the planned excavation of 46,100 cubic yards of contaminated soil and any further remediation the cleanup design requires. Because no active cleanup has yet commenced, the full cost liability remains ahead, making historical carrier recovery directly relevant to the property owner's exposure.
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.
