Big Gulch Creek Subbasin 9 received PFAS contamination — PFOA, PFOS, and PFHxS — through stormwater runoff from the Boeing Everett Manufacturing Center (Hangar 3) at Paine Field, where aqueous film forming foam (AFFF) was released from fire suppression systems during the 1990s and 2000s, with a specific inadvertent discharge documented in 2014. The source hangar has housed a succession of industrial tenants — Tramco, BF Goodrich, Aviation Technical Services, and Boeing — and is separately tracked as cleanup site CSID 12381 for trichloroethylene contamination. Sampling by Shannon & Wilson in September 2022 confirmed PFAS compounds in soil, sediment, and surface water within the subbasin's drainage wetlands. The site is enrolled in the Voluntary Cleanup Program and is currently awaiting cleanup. 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 succession of industrial tenants at the source hangar and its association with a separate trichloroethylene cleanup site suggest the facility and its fire suppression infrastructure may have been operational before 1986, though available documents do not confirm a specific pre-1986 installation date. If the fire suppression system was in place during that period, occurrence-based CGL policies issued to the facility's operators would have been written without effective pollution exclusions — and the PFAS contamination now documented in Big Gulch Creek's wetlands could represent a covered occurrence. The cleanup costs this site will incur under the Voluntary Cleanup Program may be recoverable from historical carriers whose policies coincided with the facility's early operations.
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.