This industrial property was constructed in 1985 on Union Pacific Railroad land in Multnomah County and was used by former tenant Allied Automotive Group for truck parts flush rinsing with halogenated solvents under DEQ hazardous waste permits. Groundwater monitoring wells adjacent to the property have confirmed chlorinated solvent contamination — including PCE, TCE, 1,1,1-TCA, and multiple dichloroethylene and dichloroethane compounds — with trend analysis estimating chlorocarbon presence in the deeper sand and gravel formation since 1979–1980. Oregon DEQ has recommended site screening to determine possible solvent sources, but no investigation or remediation has been completed and no No Further Action determination has been issued. 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.
Chlorinated solvent contamination at this property traces to industrial flush-rinsing operations using halogenated solvents that were conducted before 1986, with trend analysis estimating chlorocarbon presence in the deeper sand and gravel formation since 1979–1980. Oregon DEQ's recommendation for site screening — along with the investigation, source delineation, and any remediation that may follow — represents costs this property still faces that pre-1986 carriers insuring operators at this property during the years the contamination originated 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.