NAS Whidbey Island was commissioned in September 1942, and four fuel farms were constructed between the early 1940s and 1960 — Fuel Farm 1 with twelve underground storage tanks, Fuel Farm 2 with four 25,000-gallon USTs, and two additional fuel farms built in 1958 and 1960. The site was proposed for the National Priorities List in 1985 and finalized in 1990, with cleanup proceeding under a Federal Facility Agreement between the Navy and EPA. Investigations across more than 56 monitoring wells have documented benzene, toluene, ethylbenzene, xylenes, chlorinated VOCs, and PAHs in soil and groundwater, with free-product recovery from groundwater and confirmed off-property migration of contamination toward City of Oak Harbor drinking-water supply wells and Crescent Harbor. 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.
Fuel storage and handling operations at this station began in 1942 — more than four decades before occurrence-based CGL policies gave way to claims-made forms with absolute pollution exclusions. The petroleum and chlorinated-solvent contamination documented across the fuel farms originated from infrastructure installed and operated throughout that pre-1986 window. With decades of remediation expenditures already incurred — free-product recovery, long-term groundwater monitoring, and vapor-intrusion investigation — and cleanup still ongoing under the Federal Facility Agreement, historical carriers who issued CGL policies during the station's early operational period may be obligated both to recover past costs and to fund continuing cleanup.
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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.