Kingsley Field has operated as a military airfield since the late 1920s — serving as a U.S. Navy air station during WWII, a USAF base from 1957, and an Air National Guard installation from 1981 onward. Decades of aqueous film-forming foam (AFFF) use for fire training and suppression have produced PFAS contamination in groundwater at concentrations up to approximately 400,000 ppt, with potential offsite migration toward private wells. Oregon DEQ and the National Guard Bureau have identified 10 Areas of Interest requiring Remedial Investigation/Feasibility Study for PFAS, and a January 2025 Record of Decision selected soil excavation with offsite disposal for conventional contamination at two additional sites — work that has not yet been executed. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Oregon — and those policies may provide coverage that remains enforceable today. 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.
AFFF fire training and suppression activities at this military airfield, which has operated since the late 1920s as a Navy air station, USAF base, and Air National Guard installation, began decades before 1986 and produced PFAS contamination in groundwater at concentrations up to approximately 400,000 ppt with potential offsite migration. The remedial investigation and feasibility study across 10 Areas of Interest for PFAS, the soil excavation and offsite disposal directed by the January 2025 Record of Decision, and the long-term groundwater monitoring this property will require are costs this site still faces that historical pre-1986 carriers may be obligated to fund going forward.
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.