This property has a documented history as a public works and maintenance facility going back to 1942. 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 contamination at Fairchild traces directly to military and industrial operations conducted over the four decades prior to 1986, when occurrence-based CGL policies had no effective pollution exclusion and were routinely issued to contractors, fuel suppliers, and industrial operators working on federal installations. The 52,434 pounds of TCE removed by vapor extraction represents only one line item in a remediation record spanning multiple treatment systems and decades of monitoring — costs that flow from releases originating in that pre-1986 operational window. Historical carriers whose CGL policies covered base operations, fuel handling, and industrial activity during that era may retain enforceable obligations for cleanup expenditures that continue to accumulate under active O&M and long-term monitoring.

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.