This property is located at Bellingham International Airport, a facility operational since 1942 when it originally served as a WWII military airfield. An Initial Investigation in 2011 identified a leaking underground storage tank (LUST) site involving heating oil USTs, with petroleum contamination confirmed in both soil and groundwater. Groundwater monitoring remains necessary to verify remediation progress, and cleanup is ongoing under Washington's 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.
The heating oil underground storage tanks at this airport facility were associated with operations dating to 1942 — more than four decades before 1986, when occurrence-based Commercial General Liability policies stopped reliably covering pollution claims. The petroleum contamination confirmed in groundwater here represents the type of long-duration release from aging infrastructure that pre-1986 CGL policies were written to address. With cleanup underway and groundwater monitoring still required, historical carriers who insured this facility during its early decades of operation may bear obligation for both the remediation costs already incurred and those yet to come.
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.