Fairchild Air Force Base was established in 1942 as a World War II repair depot, and at AOC02 — adjacent to Building 2163 — four underground storage tanks storing gasoline, naphtha, used oil, and solvent from engine cleaning activities were in service for decades before being removed in 1992 and 1995. Benzene, diesel-range petroleum hydrocarbons, and gasoline-range petroleum hydrocarbons were detected in groundwater at the site; all three contaminant classes have since been remediated below applicable standards. The base was placed on the National Priorities List in 1989, and cleanup under the Installation Restoration Program — which began as early as 1975 — has resulted in a No Further Action determination for this area of concern. 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.
Fairchild AFB has operated continuously since 1942, and the underground storage tanks at AOC02 were installed and dispensing petroleum products and solvents well before 1986 — likely as early as the late 1960s based on their removal dates and typical tank lifecycles. Occurrence-based Commercial General Liability policies in effect during those decades of pre-1986 tank operations carried no effective pollution exclusion and remain a potential source of cost recovery. The documented remediation expenditures at this area of concern — tank removals, groundwater investigation, and the multi-decade cleanup effort under the Installation Restoration Program — represent costs that historical carriers may be obligated to cover.
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.