This Clatsop County property served for decades as an automobile repair garage and paint shop, used car lot, dry cleaning establishment, and newspaper printing operation — all predating 1986. Site investigations beginning in 2012 confirmed groundwater impacted with volatile organic compounds and metals, along with petroleum, polycyclic aromatic hydrocarbons, and PCBs in soil consistent with the property's long mixed commercial and industrial history. An interim soil removal was completed in February 2016, but Oregon DEQ continues to require additional work: a contaminated media management plan must still be submitted, a protective cap installed, and further soil and groundwater assessment may be warranted across multiple areas of the site. 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 auto repair, dry cleaning, and printing operations that ran for decades before 1986. The ongoing cleanup obligations under Oregon DEQ oversight — including the contaminated media management plan, protective cap installation, and further soil and groundwater assessment — represent substantial future costs that pre-1986 CGL carriers whose policies were in effect during those operational years 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.