NAS Whidbey Island was commissioned in 1942, and operations at the station have generated hazardous wastes since the 1940s. Operable Unit 2 encompasses multiple contamination areas, including landfills that received wastes from 1959 through 1970 and a pesticide rinsate drywell installed in 1973. Site investigations beginning in 1984 and a 1996 Record of Decision documented a broad range of contaminants — halogenated organics, metals, phenolic compounds, dioxins and furans, PAHs, pesticides, and PFAS — in both groundwater and surface water. Cleanup is underway under a Standard Cleanup program. 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.
Contamination at this installation traces to military operations that began in 1942 and continued generating hazardous wastes for more than four decades before 1986, when occurrence-based Commercial General Liability policies were the industry standard. The breadth of contaminants detected across groundwater and surface water — from halogenated solvents and metals to dioxins, pesticides, and PFAS — reflects decades of waste disposal and operational releases tied directly to that pre-1986 window. The remediation expenditures already incurred and the ongoing cleanup obligations at Operable Unit 2 represent costs that historical carriers who issued CGL policies during those decades of operations may be obligated both to recover and to fund going forward.
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.