This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
During the decommissioning of an underground storage tank at this Columbia County property in 1991, shallow groundwater contamination was discovered — a wide array of halogenated organic compounds including chlorinated solvents and volatile organic compounds. Oregon DEQ determined that the contamination originated from a source other than the gasoline tank and referred the site to its Site Assessment Program in 1992. Monitoring wells were installed in 1994 but were never sampled, no remediation has been performed, and no No Further Action determination has been issued — leaving the site's contamination uncharacterized and unresolved. 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 solvents identified in groundwater at this property are characteristic of industrial operations, and the nature of the contamination is consistent with activities predating 1986. The investigation, delineation, and remediation work that Oregon DEQ has identified as medium-priority — yet which remains entirely unaddressed — represents a future cost obligation 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
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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.