This property has a documented history as a landfill going back to 1956. Historical insurance policies issued during operations at this property and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This industrial property has been in continuous use for roofing materials manufacturing since 1956, with adjacent parcels historically operated as a brass and aluminum foundry and a transformer salvage and secondary metal smelting facility. Sampling in 1988 confirmed PCBs and heavy metals — including lead at concentrations up to 5,039 ppm — from these historical operations, and contamination has migrated into Columbia Slough sediments where chromium, nickel, and copper exceed screening levels. Oregon DEQ issued a Source Control Determination in May 2026 requiring additional investigation and possible cleanup of impacted sediments in the Columbia Slough, while noting that unacceptable risks from contaminated soil and groundwater on the Malarkey Roofing property itself remain unaddressed. 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 originated from roofing manufacturing, foundry operations, and transformer salvage activities that had been under way since 1956 — decades before 1986. Oregon DEQ's May 2026 Source Control Determination confirms that substantial work lies ahead — including additional investigation and possible remediation of impacted Columbia Slough sediments, unresolved soil and groundwater contamination on the property, and ongoing stormwater source control — costs that historical pre-1986 carriers whose policies were in effect during those decades of industrial 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.
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
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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.