Industrial & Manufacturing cleanup site — Restorical Research
Spalding & Son Inc
Josephine County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as an industrial and manufacturing facility going back to 1948. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.

This 80-acre industrial property has been occupied by Spalding & Son since 1948, with pentachlorophenol (PCP) wood treatment operations dating to the early 1950s across multiple process areas — including dip tanks, a spray booth, and a dedicated wood-treatment area that operated through at least the early 1990s. Groundwater monitoring wells have confirmed PCP contamination, with concentrations in one well fluctuating between 2.4 and 7.5 micrograms per liter, and concerns about impacts to nearby domestic wells were raised as early as 1984. Oregon DEQ issued a Notice of Violation and Compliance Order in 1992, leading to the responsible party's entry into the Voluntary Cleanup Program, but no No Further Action determination has been issued and the site remains on the state's Confirmed Release List with no completed remediation. 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.

Former Use
Former Industrial & Manufacturing
LocationJosephine County
Historical UseIndustrial & Manufacturing
Est. Operating Since1948
Project StatusUnassigned
Contamination & Investigation
Site Assessment Summary
ContaminantsPentachlorophenol (PCP) in groundwater, with glue and resin constituents impacting soil and domestic wells
Regulatory ProgramOregon DEQ — Cleanup Program / VCP
DEQ ECSI #0552

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.

PCP contamination at this property traces to wood treatment operations that began in the early 1950s and ran through at least the early 1990s, with more than three decades of contaminating activity occurring before 1986. The investigation, groundwater remediation, and long-term monitoring costs this property still faces — underscored by a 2017 EPA Brownfields grant for redevelopment planning, continued listing on Oregon DEQ's Confirmed Release List, and no completed remediation to date — are precisely the type of future obligations 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.

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

The Restorical Proven Process

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether viable insurance coverage exists to fund the cleanup, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.