This property has a documented history as an industrial and manufacturing facility going back to 1989. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This industrial property sits on an abandoned railroad right-of-way in Multnomah County and has been used for metal manufacturing since American Bronze began operations in October 1989. Lead, copper, and zinc contamination in soil resulted from those manufacturing operations, and roughly 80 tons of contaminated soil were removed in 2001. During subsurface investigation in 1999–2000, degraded gasoline (LNAPL) was discovered in groundwater beneath the building, with the plume extending off-site to an adjacent property — and as of 2002, Oregon DEQ indicated that further site investigation and perhaps additional cleanup remained necessary, with no No Further Action determination issued. 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 degraded gasoline discovered in groundwater beneath this property appears to predate American Bronze's 1989 occupancy, with the LNAPL plume likely originating from operations on the abandoned railroad right-of-way or the adjacent Gladstone Building site before 1986. The groundwater contamination has remained unresolved for more than two decades, and the investigation and remediation costs this property still faces — including further delineation of the LNAPL plume and any required cleanup under Oregon DEQ oversight — represent 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.
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.