This industrial property operated as a pipe manufacturing facility where coal tar was used for pipe coating, PCBs were present in cutting and hydraulic oils, and chlorinated solvents including PCE and TCE were used during coating and maintenance operations. The site was listed on the federal Superfund program, and four distinct plumes of PCE and its breakdown products — TCE, cis-1,2-DCE, and vinyl chloride — have been confirmed in the shallow aquifer. While the soil cleanup was completed in phases between 2001 and 2004, the groundwater remedy remains unresolved: the initial extraction system failed, removal actions were conducted in 2009 and 2015, and EPA was planning additional remedial investigation for groundwater as of 2022. 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.
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 — chlorinated solvents, coal tar, and PCBs — originated from decades of industrial pipe manufacturing operations that were well underway before 1986. With the groundwater remedy still unresolved after a failed initial extraction system and four distinct solvent plumes requiring additional investigation and a new remedial approach, historical pre-1986 carriers may be obligated to fund the significant investigation, remedy implementation, and long-term monitoring costs that lie ahead.
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.