This property in downtown Portland's NW 9th Avenue corridor housed a Manufactured Gas Plant operated by Pintsch Compressing Company from 1893 to 1934, leaving extensive petroleum contamination in soil and groundwater — including benzene at 2,500 ppb, diesel at 37,400 ppb, and gasoline at 20,400 ppb. Contaminated groundwater was infiltrating storm sewers and potentially discharging to the Willamette River, prompting infrastructure improvements including CIPP sewer lining in 2021 and sewer and water line replacement completed in 2024. Approximately 3,538 tons of contaminated soil have been excavated, but significant contamination remains beneath NW 9th Avenue, and the site continues under active Oregon DEQ oversight with a Contaminated Media Management Plan governing ongoing work. 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 manufactured gas plant operations that ran from 1893 to 1934, decades before 1986. With substantial soil and groundwater contamination remaining beneath NW 9th Avenue and active Oregon DEQ-directed remediation ongoing, the investigation, remediation, and long-term monitoring costs ahead represent a significant future obligation that pre-1986 carriers 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.