This property has a documented history as an industrial and manufacturing facility going back to 1943. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This 16.4-acre industrial property has been a contamination source since 1943, when Chipman Chemical began operations later acquired by Rhone-Poulenc in 1964. Phenoxy herbicide manufacturing from 1956 to 1982 discharged wastewater directly to Doane Lake and the Willamette River, releasing dichlorobenzene, benzene, TCE, toluene, chlorobenzene, ethylbenzene, lead, and arsenic across soil, groundwater, surface water, and sediment. A groundwater pump-and-treat system has operated since 1984 and Oregon DEQ removed contaminated sediments from East Doane Lake in 1998, yet the site remains in the Remedial Investigation/Feasibility Study stage with no final remedy selected — a draft Feasibility Study Report was submitted in October 2022 and is still under review with tribal comment from the Yakama Nation and Five Tribes. 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.
Chemical manufacturing operations at this property began in 1943 and included phenoxy herbicide production from 1956 through 1982, placing the entire history of contaminating activity well before 1986. With the site still in Oregon DEQ's Remedial Investigation/Feasibility Study stage and no final remedy yet selected, the most substantial costs — including remedy selection, full-scale remediation, and long-term groundwater monitoring — still lie ahead, and pre-1986 carriers whose policies were in effect during those manufacturing years may be obligated to fund the cleanup work this property will require 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
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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.