NAS Whidbey Island was commissioned on September 21, 1942, as a naval air station at Ault Field in Oak Harbor, and military operations at the facility have generated hazardous wastes since the 1940s. Operable Unit 3 carries confirmed contamination across groundwater, surface water, and sediment — including halogenated organics, metals, PCBs, PFAS, dioxins and furans, PAHs, phenolic compounds, pesticides, and petroleum products. The site is under a Standard Cleanup program with remediation underway. 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.
Hazardous waste operations at this facility began more than four decades before 1986, when occurrence-based Commercial General Liability policies were still the industry standard and carried no effective pollution exclusion. The breadth of confirmed contamination — halogenated solvents, heavy metals, PCBs, PFAS, and dioxins across multiple environmental media — points to decades of gradual releases originating well within the pre-1986 policy window. Historical carriers who provided CGL coverage during those operational years may be obligated both to recover past remediation expenditures and to fund the cleanup work that remains ahead.
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.