Fairchild Air Force Base, established in 1942, has a seven-decade operational history that includes aircraft maintenance, refueling, and fire training activities that generated PFAS contamination from aqueous film-forming foam (AFFF) at multiple subsites — including former fire training areas OU2-FT004 and OU3-FT032. Investigations into hazardous waste releases began in 1984 under the Installation Restoration Program, and remediation has included excavation of contaminated soil, lagoon sediments, Imhoff tank sludge, and sumps; landfill capping completed in 1995; and installation of groundwater treatment systems including GETS, ISCO, ISCR, and air sparging. A dedicated operable unit has been created specifically to address PFAS impacts at the base, and the site remains subject to ongoing multi-year reviews, monitoring, and institutional controls. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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 site stems from AFFF used in fire training operations that the base conducted for decades before 1986 — a period when occurrence-based Commercial General Liability policies had no effective pollution exclusion and remain enforceable today. The remediation expenditures already incurred here are substantial: decades of soil and sediment excavation, landfill capping, and the installation and operation of multiple groundwater treatment systems represent documented past costs that historical carriers may be obligated to recover. The site's active O&M phase — with continuing monitoring, institutional controls, and an AFFF-specific operable unit still in progress — also represents ongoing obligations those same carriers may be required 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.
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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.