This industrial property in Multnomah County was the site of Ameritone Paints operations, which included two 8,000-gallon underground storage tanks for mineral spirits removed in 1990. Oregon DEQ created this site after chlorinated solvents — including trichloroethylene (TCE), tetrachloroethylene (PCE), 1,1,1-trichloroethane (TCA), methylene chloride, and chloroform — were detected in groundwater at concentrations of 1–10 ppb across three monitoring rounds from 1991 to 1997, with wells beyond the property boundary indicating an off-site plume. A 1997 site assessment recommended further investigation to determine the source of the volatile organic compounds in shallow groundwater, but that work was never completed, no No Further Action determination has been issued, and the site remains unassigned after more than 28 years. 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 underground storage tanks at this property were installed before 1986, and the chlorinated solvent contamination in groundwater — first detected in 1991 — originated from industrial operations conducted during that pre-1986 era. The source investigation recommended by Oregon DEQ in 1997 was never completed, meaning the delineation, source identification, and any resulting remediation of the off-site groundwater plume remain as future costs that historical pre-1986 carriers for operators at this property 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.