This property has a documented history as a facility using PFAS-containing firefighting foam going back to 1970. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup — and recover costs already spent.

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 PFAS contamination at this base originates from AFFF use that began in 1970 — more than fifteen years before occurrence-based Commercial General Liability policies began to carry effective pollution exclusions. Liability and remediation costs here are substantial and ongoing: treatment systems at dozens of affected private properties, municipal water infrastructure interventions, and a multi-year remedial investigation reflect the kind of long-tail environmental expenditure that pre-1986 CGL carriers may be obligated to fund. Because active cleanup remains in progress, the recoverable exposure extends to both costs already incurred and those yet to be determined.

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.