This 145-acre industrial steel mill in Portland's Rivergate area has operated since 1967 on land with petroleum contamination dating to oil sump pond releases between 1944 and 1961, with additional PCB releases documented in 1982, 1985, and 1991. Multi-media contamination — petroleum hydrocarbons, PCBs, and metals — has been confirmed in soil, groundwater, sediment, and surface water, with riverbank soils sloughing into the Willamette River and the site falling within the Portland Harbor Superfund Site under EPA CERCLA oversight. Oregon DEQ issued a Record of Decision for stormwater source control in December 2010, and shoreline source control received a No Further Action determination in 2017, but the upland risk assessment, feasibility study, and groundwater source control evaluation all remain ahead. 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.
Contamination at this property traces to petroleum releases from oil sump ponds between 1944 and 1961, steel mill operations beginning in 1967, and PCB releases documented in 1982 and 1985 — decades of industrial activity that predated 1986. The cleanup work still ahead — including upland risk assessment, a feasibility study, groundwater source control evaluation, and long-term monitoring under both Oregon DEQ and EPA Superfund oversight — represents costs this property still faces 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.
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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.