This property has a documented history as an industrial and manufacturing facility going back to 1980. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This industrial property in Marion County was the site of paint-related waste dumping over an approximately eight-year period beginning around 1980, when paint barrels containing toluene, thinners, and paint were disposed of in the gravel parking area. Sampling conducted in 2018 confirmed petroleum contamination in both soil and groundwater, along with lead in soil, and sub-slab sampling indicated potential vapor intrusion concerns. Oregon DEQ has determined that an Expanded Preliminary Assessment is required to evaluate the non-LUST releases of paint-related wastes, and no No Further Action determination has been issued for this site. 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 paint-related waste disposal practices that began around 1980 and continued for approximately eight years, placing the operations responsible for toluene, thinner, and lead releases squarely in the years before 1986. The investigation and remediation costs this property still faces — beginning with the Expanded Preliminary Assessment that Oregon DEQ requires and extending through whatever cleanup and monitoring that assessment reveals — are 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
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.