This 795-acre industrial property was built in 1941 as an aluminum production facility, leased by Reynolds Metals Company in 1946, and operated continuously as an aluminum smelter until 2000 — with spent carbon potliners containing cyanides disposed on-site through 1975. Extensive groundwater contamination including cyanides, arsenic, barium, and fluorides has been documented, along with sediment and surface water impacts in on-site wetlands and Company Lake. The site was listed on the EPA's National Priorities List in 1994, and a groundwater pump-and-treat extraction system remains in active operation today, with continued monitoring, maintenance of capped areas, and institutional controls in place until groundwater cleanup levels are achieved. 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 originated from aluminum smelting and on-site waste disposal operations that began in 1941 and continued through 2000, with more than four decades of contaminating activity predating 1986. The ongoing groundwater extraction and treatment, long-term monitoring, maintenance of capped areas, and institutional controls directed by EPA and Oregon DEQ represent substantial work ahead that pre-1986 carriers whose policies were in effect during those operational decades 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.
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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.