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 shipyard operations that released TBT, metals, PAHs, and PCBs into Coos Bay sediments had been active for decades before Oregon DEQ completed preliminary assessments in 1997, placing the contamination origin well before 1986. With no No Further Action determination issued and Oregon DEQ indicating that additional sources may still require investigation and remediation, the further investigation, remediation, and monitoring costs this site still faces could be funded by historical pre-1986 carriers whose policies covered the shipyard operators during the years contamination was occurring.

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.