This property has a documented history as an industrial and manufacturing facility going back to 1952. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This industrial property has operated as a sawmill and plywood manufacturing facility since at least 1952, first under Brimm Bros. Company and later as Brookings Plywood Corp. During the 1970s, petroleum discharges reached Macklyn Creek, Mill Creek, and the Pacific Ocean — events documented by the U.S. Coast Guard and resulting in a DEQ enforcement fine for a 1972 spill — and glue wastes were discharged to Macklyn Creek the same year. In 2007, Oregon DEQ recommended an Expanded Preliminary Assessment targeting arsenic, near-surface soil contaminants, and formaldehyde, but no investigation or cleanup has been completed 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 documented petroleum and industrial waste discharges at this property originated from sawmill and plywood manufacturing operations active since at least 1952, with contamination events in the early 1970s occurring more than a decade before 1986. With the full nature and extent of contamination still unknown and Oregon DEQ's recommended Expanded Preliminary Assessment yet to be conducted, the investigation and remediation costs this property faces going forward 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.