This 5.2-acre industrial property operated as a chemical distribution and manufacturing facility, with chlorinated solvent contamination now confirmed in groundwater at significant concentrations — PCE up to 6,440 ppb, TCE up to 1,450 ppb, and vinyl chloride up to 32.1 ppb. Ozone sparging remediation was initiated in April 2006 through Oregon DEQ's Voluntary Cleanup Program, but no completion has been documented and no No Further Action determination has been issued. The site remains an assigned cleanup project under active DEQ oversight, with a project manager designated as of the most recent 2025 update. 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 chlorinated solvent contamination at this property — PCE, TCE, and vinyl chloride confirmed in groundwater at significant concentrations — traces directly to chemical distribution and manufacturing operations conducted at this industrial site well before 1986. The ongoing remediation, continued groundwater monitoring, and additional investigation required to achieve site closure and a No Further Action determination under Oregon DEQ oversight represent substantial future costs 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.
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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.