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 120-acre industrial property served as a lumber mill and wood products manufacturing facility from approximately 1947 to 1994, with predecessors including Ewauna Box Company, Ellingson Timber Company, and Big Lakes Box Company operating on the site before Modoc Lumber. Pentachlorophenol (PCP) from wood treating activities and polycyclic aromatic hydrocarbons (PAHs) — including benzo(a)pyrene, benzo(b)fluoranthene, and indeno(1,2,3-cd)pyrene — have been confirmed in groundwater at concentrations exceeding preliminary remediation goals. Oregon DEQ issued a Record of Decision in May 2007 selecting institutional controls, engineering controls, groundwater monitoring, and a contingency plan, and the current responsible party operates under a Voluntary Cleanup Agreement dating to April 2000. The site remains in active Assigned status with DEQ as of March 2026, with ongoing groundwater monitoring and partially implemented site controls indicating that remediation management continues. 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 wood treating and industrial operations that began in approximately 1947 and ran for nearly four decades before 1986, releasing pentachlorophenol and polycyclic aromatic hydrocarbons into site groundwater. The ongoing groundwater monitoring, maintenance of engineered controls, compliance with the 2007 Record of Decision, and any contingency measures the ROD may require are forward-looking costs this property still faces under active Oregon DEQ oversight — costs that pre-1986 carriers whose policies were in effect during those operational decades 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
The Restorical Proven Process
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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.