This industrial property in Multnomah County has hosted manufacturing operations since 1946, beginning with Northwest Tube and Metal Fabricators and followed by R.Hoe (later Pacific/Hoe) starting in 1954. A chlorinated solvent plume containing PCE, TCE, DCE, and vinyl chloride is migrating off-site from the main building, metals including arsenic and copper exceed ecological screening levels in groundwater, and stormwater contaminated with metals and petroleum has been discharging to Johnson Creek since at least 1996. The South Parcel has five distinct contamination areas requiring investigation and remediation — including fill material with PAHs and metals along the Johnson Creek stream bank — and Oregon DEQ terminated the site's voluntary cleanup agreement in October 2024 after the property owner failed to respond, placing the site back on the DEQ waiting list under assigned project management. 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 contamination at this property originated from industrial manufacturing and metal fabrication operations that began in 1946 — four decades before 1986. With five distinct contamination areas on the South Parcel requiring investigation, significant data gaps including vapor intrusion evaluation and ecological risk assessment still outstanding, and Oregon DEQ having terminated the voluntary cleanup agreement in October 2024, the investigation, remediation, and long-term monitoring costs this property still faces are obligations that historical pre-1986 carriers may be required 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.