This Multnomah County site was established as a regional groundwater contamination study area after monitoring wells installed in 1989 revealed a stable plume of chlorinated solvents — trichloroethylene (TCE) at 42 ppb and tetrachloroethylene (PCE) at 18 ppb, both well above federal maximum contaminant levels of 5 ppb. The plume's stability at discovery indicates the contamination originated years earlier from industrial operations along the Columbia Blvd corridor. A 1994 Oregon DEQ strategy recommendation called for further groundwater evaluation, but no No Further Action determination has been issued and the site remains listed on DEQ's cleanup inventory with contamination persisting above MCLs. 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.
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 Multnomah County site traces to industrial operations along the Columbia Blvd corridor that were active well before 1986, as confirmed by the stable plume of trichloroethylene and tetrachloroethylene that monitoring wells revealed in 1989 at concentrations far exceeding federal maximum contaminant levels. With no No Further Action determination issued by Oregon DEQ and groundwater contamination still persisting above drinking water standards, the investigation and remediation costs this property still faces — including further groundwater evaluation, plume delineation, source identification, and potential groundwater treatment — are precisely the type of 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.
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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.