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 cleanup that lies ahead.
This industrial cold storage facility in Malheur County has confirmed diesel fuel contamination in groundwater originating from leaking heating system pipes embedded in the warehouse floor — infrastructure installed when the facility was built, well before groundwater sampling first documented the contamination in 1988. A 2010 Phase II investigation detected diesel range petroleum at 24,200 ug/l in one groundwater sample along with BTEX and PAH constituents, and Oregon DEQ has explicitly declined to issue a No Further Action determination, noting that further review of overall site conditions is still needed. The responsible party remains under agreement or order with DEQ, and no final remediation or closure has been achieved. 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 diesel contamination at this property leaked from heating infrastructure embedded in the warehouse floor when the facility was originally built, with those operations predating 1986 and groundwater contamination first documented by sampling in 1988. With Oregon DEQ having expressly reserved further action and no No Further Action determination on the horizon, the further investigation, delineation, and any remediation costs this property still faces represent 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
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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.