Fairchild Air Force Base has operated continuously since its establishment in 1942 as the Spokane Army Air Depot. In 2018, approximately 8,000 gallons of jet fuel were released from a decommissioned subsurface fuel distribution system near the flight line at Building 1009, and subsequent site characterization confirmed benzene, petroleum-diesel, and petroleum-gasoline contamination in groundwater. Remedial work under the Voluntary Cleanup Program has included recovery of approximately 6,000 gallons of fuel-contaminated groundwater, with cleanup ongoing. 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 subsurface fuel distribution infrastructure involved in this release was installed as part of Fairchild AFB's core flight-line operations, which date to the base's 1942 founding — more than four decades before 1986. Occurrence-based CGL policies in effect during those decades of operation carried no effective pollution exclusion and may respond to contamination originating from infrastructure placed during that coverage period. The confirmed groundwater contamination — benzene and petroleum hydrocarbons — and the remediation costs already incurred and still accruing represent the type of long-tail environmental liability those historical policies were written to cover.
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.