This property has a documented history as a landfill predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This former landfill in Clackamas County has confirmed soil contamination including DDT, DDE, DDD, and PCBs — substances banned in the 1970s — along with wood preservatives such as pentachlorophenol (PCP). The site is releasing leachate into an unnamed tributary of Badger Creek with iron and metals exceeding ecological screening levels, and bis-(2-ethylhexyl)phthalate has been detected in a nearby residential well at concentrations above Oregon DEQ's risk-based concentration for residential tap water. No No Further Action determination has been issued; although EPA concluded no further federal action was warranted, the agency noted that state follow-up actions may be needed, and DEQ has identified further investigation of site contamination and potential exposure pathways as a medium priority. 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 — persistent pesticides including DDT, PCBs, and wood preservatives such as pentachlorophenol — originated during landfill operations conducted before 1986, with these substances having been banned in the 1970s. With leachate actively migrating to surface water and a nearby residential well already showing concentrations above Oregon DEQ risk-based levels, the investigation that DEQ has prioritized and the delineation, remediation, and monitoring work that lies ahead represent costs this property still faces that pre-1986 carriers for the parties responsible for those landfill operations 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.