This former military airfield was established in 1942 when the U.S. Department of Defense acquired 758 acres for a ground-support airbase, with Air Force training operations continuing until the City of Salem assumed ownership in 1948. Firefighting training exercises using aqueous film-forming foam (AFFF) introduced per- and polyfluoroalkyl substances (PFAS) to the property, and sampling has confirmed PFOA, PFOS, and PFBS in groundwater at concentrations exceeding screening levels — with PFOS reaching 149 ng/L and PFOA reaching 58.9 ng/L — along with PFAS detections in sediment, surface water, and soil. Oregon DEQ has assigned the site for active oversight, and the Oregon Military Department is preparing a Quality Assurance Project Plan for a Remedial Investigation, placing the property in the early stages of what will be an extensive delineation and cleanup effort. 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.
Military firefighting training operations at this former airfield began in the 1940s, introducing PFAS contamination to the property decades before 1986. With Oregon DEQ actively overseeing the site and the Remedial Investigation still being planned, the substantial investigation, delineation, remediation, and long-term monitoring costs ahead represent an ongoing and future obligation that historical pre-1986 carriers may be obligated to fund going forward.
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.