This property has a documented history as a landfill 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.

Groundwater contamination at this property originated from landfill operations that were well underway before 1986, with the oldest areas of the landfill confirmed as the source through monitoring wells detecting manganese and other landfill-related chemicals. The long-term groundwater monitoring, leachate management, gas collection, and cap maintenance required under the 2009 Record of Decision represent ongoing and future cost obligations that this property continues to face, and pre-1986 CGL policies issued to entities operating this landfill during those early decades may be obligated to fund these cleanup and maintenance costs 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.