This former World War II Naval Air Station in Tillamook County hosted decades of military aviation operations, formaldehyde-containing wastewater disposal via an on-site "glue pond" through approximately 1978, and wood-treating operations — all predating 1986. Residual groundwater contamination from petroleum releases remains under Oregon DEQ monitoring, and two on-site landfills currently lack leachate or groundwater monitoring, with potential for off-site impacts. While the underground storage tanks received a No Further Action determination in 2010, the broader site has not: Oregon DEQ has identified the need for further investigation of the landfills and wood-treating operations, and those issues remain 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.
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 — petroleum from aviation fuel storage, formaldehyde from wastewater disposal, and residues from wood-treating operations — originated from activities that began during World War II and continued for decades before 1986. The further investigation and remediation that Oregon DEQ has identified as necessary for the landfills and wood-treating areas, along with ongoing groundwater monitoring, represent costs this property still faces 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.
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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.