Building 1212 at Fairchild Air Force Base operated as an automobile repair and fueling facility since at least the early 1950s, with 275-gallon and 3,000-gallon underground storage tanks installed in that same era. The USTs were removed in 1995 after roughly four decades of service. Benzene, petroleum-diesel, and petroleum-gasoline were detected in groundwater at the site, which has since received a No Further Action determination under the Voluntary Cleanup Program. 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 petroleum contamination here — benzene, diesel, and gasoline in groundwater — originated from underground storage tanks installed and operated since the early 1950s, more than three decades before 1986. Occurrence-based CGL policies issued to cover this facility during that pre-1986 window carried no effective pollution exclusion in Washington and remain enforceable today. The remediation costs incurred to address releases from those tanks — UST removal, site investigation, and groundwater assessment — represent expenditures that historical carriers may be obligated to recover.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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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.