This property has a documented history as an industrial and manufacturing facility going back to 1944. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
McCormick & Baxter Creosoting Company operated at this Multnomah County industrial site from 1944 to 1991, discharging wastewater directly to the Willamette River for twenty-five years and disposing of wood preservative waste on-site through the early 1970s. Creosote has pooled on the groundwater table, twenty-three acres of contaminated sediment were identified in the Willamette River, and creosote seeps to the river have been documented. Major remediation — including soil excavation, installation of a barrier wall to eighty feet, and construction of a sediment cap over the river sediments — was completed by 2005, and the site now operates under long-term monitoring with annual O&M reports continuing through 2023 and a Five-Year Review cycle ongoing under Oregon DEQ oversight. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
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 Oregon — and those policies may provide coverage that remains enforceable today. 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.
Creosoting and wood-treatment operations at this property began in 1944, with wastewater discharged directly to the Willamette River for twenty-five years and wood-preservative waste disposed of on-site through the early 1970s — contaminating activity that took place well before 1986. The ongoing operations and maintenance obligations, Five-Year Review requirements under Oregon DEQ oversight, and potential repair costs identified at up to $1.16 million represent substantial future expenditures that historical pre-1986 carriers may be obligated 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.
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
The Restorical Proven Process
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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.