This property has a documented history as an industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This industrial property operated as an equipment servicing, washing, and painting facility for decades, with underground storage tanks that were removed in the 1970s. Groundwater sampling has confirmed petroleum compounds — ethylbenzene, naphthalene, and trimethylbenzenes — above screening levels near the former shop area, along with arsenic, cadmium, chromium, and lead near the former washdown area. An on-site drinking water well draws from the same shallow aquifer, and an adjacent school complex faces potential exposure risk. Oregon DEQ has identified outstanding remedial work including abandonment of the on-site well and connection to city water, removal of grossly contaminated soil from the former UST area, and installation of groundwater monitoring wells with quarterly sampling — none of which has been completed. 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 decades of industrial equipment servicing, washing, and painting operations and underground storage tanks that were removed in the 1970s, all well before 1986. The soil removal from the former tank area, well abandonment and connection to city water, and installation of groundwater monitoring wells with quarterly sampling that this property still faces — particularly given the proximity of an on-site drinking water well and an adjacent school complex — represent substantial 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.