This industrial property operated as a chlorinated solvent distribution center prior to 1972 under Ethyl Corp, then was acquired by Purex Industries in 1972 for solvent recycling, distribution, storage, and resource recovery — with ownership passing to Allied Signal by the mid-1980s. Decades of solvent handling produced a 5,400-foot chlorinated solvent plume of tetrachloroethylene (PCE) and trichloroethylene (TCE) contaminating the Unconsolidated Gravel and Troutdale Gravel Aquifers, both designated drinking water sources near Portland's backup wellfield. Oregon DEQ issued a Consent Order effective June 2000, and the site is now under active remediation with a long-term groundwater pump-and-treat system, air stripper, soil vapor extraction, and groundwater circulation wells — with an estimated $7.2 million cleanup cost over a fifteen-year period. 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.
Chlorinated solvent distribution at this property began prior to 1972 and continued through solvent recycling, storage, and resource recovery operations that were well established before 1986. The ongoing pump-and-treat remediation, air stripping, soil vapor extraction, groundwater circulation, and long-term aquifer monitoring directed under the Oregon DEQ Consent Order represent an estimated $7.2 million in cleanup costs that historical pre-1986 carriers 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.
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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.