This property has a documented history as an industrial and manufacturing facility going back to 1905. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.

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.

Contamination at this property — petroleum hydrocarbons, PAHs, lead, and vinyl chloride — traces directly to railroad fueling operations active from 1911 through the mid-1940s within a switching yard that operated from approximately 1905 to 1998, with petroleum contamination first observed at the Tanner Creek outfall in the 1970s and free-product recovery underway by December 1975, well before 1986. The work ahead under the Consent Decree and Order on Consent — capping undeveloped blocks north of Quimby and Raleigh, filing deed restrictions on remaining parcels, cap maintenance, and annual cap inspection reporting through the 2035 ROD deadline — represents substantial future costs that historical pre-1986 carriers whose policies were in effect during those operational years may be obligated to fund 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.