This property has a documented history as an industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This industrial property housed a hardboard manufacturing plant operated by Stimson Lumber Company's Forestex division, with a December 1984 Oregon DEQ inspection confirming pentachlorophenol (PCP) and tetrachlorophenol (TCP) in wood waste, stormwater infrastructure, and the facility's log pond — alongside a long history of wastewater discharges to Scoggins Creek. Borings conducted in 2019 revealed extremely elevated dissolved diesel concentrations in groundwater — up to 1,820,000 ppb — with groundwater encountered as shallow as six feet below ground surface. Although EPA completed its own investigation and took No Further Action in 1996, Oregon DEQ's site remains open at Unassigned status, and a February 2021 consultation discussed voluntary and independent cleanup program pathways that have yet to be pursued. 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.
The contamination at this property — chlorophenols from wood treatment operations and dissolved diesel concentrations reaching 1,820,000 ppb in shallow groundwater — originated from industrial activities confirmed by an Oregon DEQ inspection in December 1984, well before 1986. The investigation, delineation, and remediation costs this property still faces — with Oregon DEQ's site open at Unassigned status and voluntary cleanup pathways discussed in 2021 but not yet pursued — are precisely the type of future expenses that historical pre-1986 carriers may be obligated to fund.
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
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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.