This property has a documented history as a landfill going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This property operated as a landfill from 1960 to 1969, accepting waste on former agricultural land in Clackamas County. Groundwater sampling conducted in 1987, 1989, and 1991 confirmed elevated levels of benzene exceeding primary maximum contaminant levels, along with iron, manganese, metals, volatile and semivolatile organic compounds, pesticides, and PCBs. Oregon DEQ's UST Section referred the site to the Cleanup Program in December 2001 for further investigation of possible diesel impacts to solid waste, and a site assessment recommended additional investigation under the Voluntary Cleanup Program — yet this portion of the landfill has never been directly investigated and no 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.
Why Historical Insurance Policies May Be Accessible
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 originated from landfill operations that ran from 1960 to 1969, well before 1986. With the southern portion of the landfill never directly investigated, no No Further Action determination issued by Oregon DEQ, and further assessment recommended under the Voluntary Cleanup Program, the investigation, characterization, and remediation costs that lie ahead are precisely the type of future obligations 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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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.