This property has a documented history as an industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
The Foothills Road Industrial Area in Clackamas County has been the source of chlorinated solvent contamination in groundwater used by the City of Lake Oswego, with tetrachloroethylene (PCE), trichloroethylene (TCE), cis-1,2-dichloroethylene (DCE), and vinyl chloride detected in both deep and shallow monitoring wells at concentrations exceeding maximum contaminant levels. Oregon DEQ initiated an area-wide investigation in March 1989 after VOCs were first identified in a 476-foot deep well in 1988, and the same contaminant suite was subsequently confirmed in shallow groundwater in 2000. The investigation was deprioritized but never closed — no No Further Action determination has been issued, and DEQ's recommendations for additional well sampling, a beneficial water use survey, and evaluation of remaining City wells 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 chlorinated solvent contamination at this site — first detected in a deep well in 1988 at more than 400 feet below the surface — reflects prolonged industrial releases in the Foothills Road Industrial Area that accumulated well before 1986. With Oregon DEQ's area-wide investigation deprioritized but never closed and no No Further Action determination issued, the site still faces costs for additional groundwater sampling, a beneficial water use survey, evaluation of remaining municipal wells, and potential remediation of a contaminated drinking water source — future work that pre-1986 CGL policies issued to operators in the area 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.