This property in Multnomah County hosted successive industrial operations — lumber mills from the 1920s through the 1950s and vehicle repair beginning as early as 1986 — with two 10,000-gallon underground storage tanks installed before 1986. Investigations by Tri-Met in 2000 and Ecology & Environment in 2011 confirmed metals, semi-volatile and volatile organic compounds, and petroleum hydrocarbons in groundwater, drainage ditch sediments, and surface soils, with a drywell system providing a pathway to shallow groundwater and the adjacent Columbia Slough. EPA issued a federal No Further Remedial Action Planned determination in 2012 but explicitly stated that further evaluation and cleanup would be needed at the state level, and no state-level No Further Action determination has been 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 — metals, VOCs, SVOCs, and petroleum hydrocarbons confirmed across groundwater, sediments, and surface soils — traces to lumber mill operations that began in the 1920s and underground storage tank installations that preceded 1986. With EPA having deferred cleanup to the state and no state-level No Further Action determination yet issued by Oregon DEQ, the investigation, remediation, and ongoing monitoring costs this property still faces are precisely the type of future obligations that historical pre-1986 carriers may be required 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.