This property served as a Dupont Chemical Corp facility from 1950 to 1978, with herbicides stored in the building's basement throughout that period. The site was later redeveloped into a condominium complex, and in 1998 chemical odors were detected inside a residential unit — confirming indoor air contamination linked to the historical herbicide storage below. Oregon DEQ lists the site at Suspect status with no investigation or cleanup conducted to date, no responsible party designated, and no No Further Action determination issued. 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 originates from nearly three decades of industrial chemical storage that began in 1950 and continued through 1978, placing the entire period of contaminating operations well before 1986. The site investigation, indoor air assessment, and any remediation that this property still faces — none of which has yet begun — are future costs 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.