This property has a documented history as a landfill predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup.
The West Plains groundwater contamination area covers a zone near Hwy 2 and Graham Road in Airway Heights where trichloroethylene (TCE) and carbon tetrachloride (CCl4) were confirmed in wells — first identified in 1998. The area encompasses the Graham Road Recycling and Disposal Facility (also known as the Sanifill Northwest Landfill), which accepts petroleum-contaminated soil, industrial sump sludge, paint booth filters, and asbestos, though investigators attributed the groundwater contamination to multiple potential sources in the surrounding area, including a formerly used defense site, an area of historic dumping, and Fairchild Air Force Base. No active cleanup work has commenced under Washington's Standard Cleanup program. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
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.
Investigators specifically identified Fairchild Air Force Base — with its documented extensive historical use of trichloroethylene — as a candidate source for the TCE detected in West Plains groundwater wells. That contamination originated from military and industrial operations conducted well before 1986, the period when occurrence-based CGL policies were written without effective pollution exclusions, meaning carriers who insured operations tied to Fairchild-area industrial activity during that window may carry enforceable obligations for cleanup costs here. With TCE and CCl4 confirmed in groundwater and no remediation yet underway, the full scope of future expenditures remains unquantified and potentially recoverable from those historical policies.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management & Forensic Accounting
The Restorical Proven Process
Ready to learn more?
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.
