This property has a documented history as a landfill going back to 1950. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This property served as a shallow landfill operated by the National Guard during the 1950s and 1960s on land now owned by the Port of Portland. A 1986 investigation found elevated levels of lead in drainage ditch sediment and lead, cadmium, and chromium in shallow groundwater, and although approximately 800 cubic yards of contaminated sediment were subsequently removed, groundwater contamination may persist as buried landfill materials continue to act as a source area. The Port entered Oregon DEQ's Independent Cleanup Program in January 2000, and a 1998 Strategy Recommendation called for additional soil sampling and groundwater monitoring — but no No Further Action determination or site closure has been issued. 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.
The contamination at this property originates from landfill operations conducted throughout the 1950s and 1960s, decades before 1986. The additional soil sampling, groundwater monitoring, and potential remediation work that Oregon DEQ's cleanup program still requires represent costs this property still faces and 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
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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.