Precision Castparts Corporation has operated at this industrial site since 1957, using chlorinated solvents including tetrachloroethylene (PCE) and trichloroethylene (TCE) in investment casting operations for decades. Groundwater sampling has confirmed PCE at concentrations exceeding EPA maximum contaminant levels, and stormwater discharges have carried PCBs, metals, and volatile organic compounds into Johnson Creek, with elevated zinc concentrations documented in creek sediments near site outfalls. Oregon DEQ designated this a High Priority Enforcement Site and has directed remedial investigation under a Voluntary Cleanup Program agreement in place since 2008, with soil characterization, risk assessment, and a feasibility study of remedial options still to be completed. 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 stems from investment casting and solvent handling operations that began in 1957 and continued for decades before 1986, compounded by documented poor waste-management practices. The substantial investigation, remediation, and long-term monitoring work that Oregon DEQ continues to direct at this site — including pending soil characterization, risk assessment, feasibility study, and ongoing stormwater treatment — represents future cost obligations that pre-1986 carriers 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.