This property has a documented history as an industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies 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 — diesel, oil, and PAHs across groundwater, surface water, and sediment — traces to asphalt plant operations spanning multiple areas including the pipe plant, maintenance shop, lube room, and truck wash, industrial activity well underway before 1986 and first documented by Oregon DEQ in December 1992. With the site on Oregon DEQ's waiting list for a project manager since 2006 and no No Further Action determination issued, the investigation, additional assessment, remediation of residual soil and groundwater contamination, and ongoing efforts to address PAH migration into Bear Creek through bank seeps represent future costs 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.