This property has a documented history as an industrial and manufacturing facility going back to 1947. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This former lumber manufacturing property operated from approximately 1947 to 1994, with Ewauna Box Company running a mill on the southern portion before Modoc Lumber Company took over wood products production. Decades of industrial operations left extensive groundwater contamination across multiple areas of concern, including diesel, heavy oil, polycyclic aromatic hydrocarbons (PAHs), benzene, arsenic, and other metals. Oregon DEQ issued a Record of Decision in August 2004 selecting institutional controls with ongoing groundwater monitoring as the remedy, and an Easement and Equitable Servitude was recorded requiring a soil management plan, land use restrictions, and cap maintenance. The site has not received a No Further Action determination and remains on the Confirmed Release List under active DEQ oversight. 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.
Why Historical Insurance Policies May Be Accessible
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 lumber manufacturing and associated industrial operations that began around 1947 and continued through 1994, placing nearly four decades of industrial activity within the pre-1986 window. Because the site remains on Oregon DEQ's Confirmed Release List without a No Further Action determination, the ongoing groundwater monitoring, institutional control and cap maintenance, and any additional investigation or remediation required going forward represent continuing and future costs that historical pre-1986 policies 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
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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.