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.
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.
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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.