This industrial property operated for decades as a chemical distribution facility under Van Waters & Rogers (now Univar Solutions), with a former PCE above-ground storage tank and heating oil underground storage tank on site. Groundwater monitoring in 2024 confirmed PCE concentrations as high as 5,020 µg/L — more than seven times Oregon DEQ's D-code hazardous waste criteria — with TCE also exceeding D-code levels, and the contamination plume extending to neighboring properties. Oregon DEQ placed site closure on hold after a 2019 closure report revealed the need for a Contaminated Media Management Plan, and vapor intrusion assessment at neighboring businesses commenced in March 2025 with additional sampling rounds scheduled. 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 chlorinated solvent contamination at this property originated from chemical distribution operations that ran for decades before 1986. The ongoing groundwater monitoring, CMMP development, and vapor intrusion assessment at neighboring properties represent substantial costs this property still faces under Oregon DEQ oversight, which historical pre-1986 carriers may be obligated to fund 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.
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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.