This property has a documented history as an industrial and manufacturing facility predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.

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.

The contamination at this property originated from railroad operations that began in the early 1900s, with decades of activities releasing hazardous substances into soil and groundwater before 1986. The remedial work ahead under the 2022 RD/RA Agreement — including long-term groundwater monitoring across fifteen wells, institutional controls, periodic land and water use reviews, five-year reviews, and any additional remediation Oregon DEQ may require — represents substantial ongoing and future costs that pre-1986 CGL carriers whose policies were in effect during those decades of railroad operations 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.