This industrial property has operated as an auto wrecking and salvage yard since approximately 1979, with years of poor management practices resulting in extensive petroleum contamination — complaints to Oregon DEQ in the early 1990s documented oil accumulation across the property measured in inches. DEQ has identified multiple exposure pathways including groundwater contamination, vapor intrusion from gasoline components, and shallow groundwater impacts to the Columbia Slough via stormwater discharge. Despite DEQ recommending an expanded preliminary assessment, underground storage tank inspection, and stormwater system evaluation in 2008, no investigation or cleanup work has been performed and the site remains in unassigned status with no No Further Action determination. 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 petroleum contamination at this property originated from auto wrecking and salvage operations that began around 1979, placing the years of contaminating activity well before 1986. The investigation, remediation, and monitoring costs this property still faces — including groundwater cleanup, vapor intrusion mitigation, and surface water protection for the Columbia Slough — are precisely the type of 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.
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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.