This industrial property has operated since 1968, with a history of numerous acid and base spills and chlorinated solvent releases throughout its decades of operation. Chlorinated solvents have been confirmed at elevated concentrations in groundwater, and an acid spill migrated off-site into the City of Albany's storm drain system. Despite a request for partial No Further Action determination for VOC-impacted groundwater in 2005, no NFA has been granted — the site remains open on Oregon DEQ's Confirmed Release List with unresolved groundwater contamination and only limited soil removal completed to date. 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 traces to industrial operations that began in 1968, with numerous acid, base, and chlorinated solvent releases spanning nearly two decades before 1986. The investigation and remediation work that lies ahead — including resolution of chlorinated solvent contamination in groundwater, addressing off-site migration into Albany's storm drain system, and satisfying Oregon DEQ requirements for this open Confirmed Release List site — represents 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.