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 former fire training pit at Paine Field was used by multiple fire departments to conduct live-fire exercises, in which petroleum and flammable liquids were ignited and extinguished using aqueous film-forming foam (AFFF) containing per- and poly-fluoroalkyl substances (PFAS). A 2006 remedial action addressed contamination from those historical operations, removing 170 cubic yards of petroleum and lead-contaminated soil from the site. The current investigation and planning phase — conducted under an Agreed Order — focuses on PFAS contamination linked to the same training activities, with Ecology having accumulated over $10,000 in project costs and no active PFAS cleanup yet commenced. 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.
PFAS contamination at this site originates from AFFF applied during fire training exercises associated with historical Airport operations — activities investigated as early as 1989 and involving lead-contaminated soil, a strong indicator of operations predating 1986 when leaded fuel was still in common use. Occurrence-based CGL policies issued to operators and the airport authority during that pre-1986 window contained no effective pollution exclusion and remain potentially enforceable under Washington law. The investigation expenditures already logged under the Agreed Order, and the substantially larger remediation costs ahead, represent liabilities that historical carriers 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.
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.
