This property has a documented history as a facility using PFAS-containing firefighting foam going back to 1916. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.

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.

PFAS-generating activities at JBLM — firefighting training, aircraft hangar operations, and airfield support — were entrenched at this installation for decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. The groundwater contamination that EPA was already investigating in 1983 is precisely the category of pre-1986 release those policies were written to address. The remediation obligations now facing this site — groundwater restoration, indoor air engineering controls, and continuing multi-year cleanup commitments — represent costs that historical carriers whose policies were in force during the pre-1986 operational window may be obligated to fund.

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.