This industrial property operated as a food processing facility under American Fine Foods Inc., with a regulated underground storage tank that released lubricant contamination into groundwater. The release was reported to Oregon DEQ on June 6, 2002, and the responsible party has been identified under agreement or order with the agency. The site remains unassigned with no No Further Action determination issued, and groundwater contamination from the leaking UST has not been remediated. 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 tank at this facility may have been installed and operating well before the 2002 release report date, and the actual contamination timeline has not been established — leaving open the possibility that contamination originated prior to 1986. The investigation, delineation, and remediation of groundwater contamination from this leaking UST represent future cleanup costs that historical pre-1986 carriers in Oregon 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.