This property has a documented history as an auto body / repair shop predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This industrial property operated as a truck repair shop for decades, with six underground storage tanks removed in 1991 and widespread surface contamination from the historical use of waste oil for dust suppression across the site. Groundwater sampling has confirmed tetrachloroethylene (PCE) at concentrations nearly 70 times the applicable cleanup level, along with trichloroethylene (TCE), cis-1,2-dichloroethylene, polycyclic aromatic hydrocarbons (PAHs), and elevated metals including arsenic, copper, and lead. A 1997 No Further Action determination addressed only UST-related issues, explicitly excluding the broader non-UST contamination that remains unresolved. Oregon DEQ continues to direct additional investigation — including stormwater sampling, catch basin evaluation, and a pending Source Control Decision — with the responsible party under agreement and an active DEQ project manager overseeing the work. 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 contamination at this property — chlorinated solvents, PAHs, and metals from decades of truck maintenance and the use of waste oil for dust suppression — originated from industrial operations that were well established before 1986. With the Source Control Decision still pending and additional investigation, stormwater sampling, catch basin evaluation, and remediation work ahead under Oregon DEQ direction, the ongoing and future cleanup costs at this site are substantial, and pre-1986 carriers whose policies were in effect during those operational years may be obligated to fund that work 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.
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
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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.