This property has a documented history as a facility using PFAS-containing firefighting foam going back to 1891. Historical insurance policies issued during operations at this property and through 1986 could fund a cleanup.

Why Historical Insurance Policies May Be Accessible

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.

PFAS contamination at this facility traces to the use of AFFF firefighting foam during military operations that began decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard and carried no effective pollution exclusion. The confirmed groundwater contamination represents the kind of long-duration, progressive release that those pre-1986 policies were written to cover. Investigation, remediation design, and cleanup costs now facing the property could plausibly be funded by historical carriers whose policies were in force during the decades of AFFF use that produced the contamination.

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.