This property has a documented history as a farm and agricultural operation predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies 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 agricultural chemical use and illegal pesticide burial — including DDT, banned in the United States in 1972 — that occurred well before 1986. Oregon DEQ determined in 2003 that further investigation is needed, and with the site still carrying no No Further Action determination, the investigation, delineation, and potential remediation costs this property still faces are precisely the type of future obligations that pre-1986 CGL 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.