The U.S. Navy acquired this property in 1949 and constructed a communication system and associated support facilities between 1949 and 1953. Aqueous film-forming foam (AFFF), a PFAS-containing fire suppressant, was stored at Building 6 — the former fire station — at least as early as 1976. A Site Investigation completed in October 2023 confirmed PFOS and PFHxS contamination in groundwater at Building 6, with PFOS concentrations reaching 60.6 ng/L and PFHxS reaching 153 ng/L — both well above EPA screening levels. A Remedial Investigation has been recommended for Building 6 groundwater, but no active cleanup work has commenced. 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.
AFFF storage and use at this Navy facility began at least a decade before 1986, during the era when occurrence-based Commercial General Liability policies carried no effective pollution exclusion. The PFAS contamination now documented in groundwater is the kind of slow, cumulative release that those pre-1986 policies were designed to cover. As investigation advances toward remediation, the cleanup costs the property faces — remedial investigation, feasibility study, and eventual PFAS treatment — could plausibly be funded by historical carriers whose policies were in force when AFFF was first stored and used at the site.
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.