This property dates to the 1880s and has hosted over a century of industrial and commercial operations, including a paint store (1903–1923) and a printing operation that used hot lead typesetting from 1934 to 2015. Petroleum hydrocarbons from a historical gasoline underground storage tank release at an adjacent Chevron station have migrated into subsurface soil and shallow groundwater, while total lead in groundwater samples exceeds Oregon DEQ tap water ingestion risk-based concentrations. Sub-slab soil gas sampling has identified vapor intrusion concerns, and a Phase I ESA recommended further Phase II investigation to delineate the full extent of impacts. Although a Prospective Purchaser Agreement was completed in 2021, no No Further Action determination has been issued and contamination in soil, groundwater, and soil gas remains unresolved. 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 — lead from hot-type printing operations conducted from 1934 to 2015 and petroleum hydrocarbons that migrated from a historical underground storage tank release at an adjacent gasoline station — originated well before 1986, on a site that has hosted industrial and commercial activity since the 1880s. The further investigation, delineation, and remediation costs this property still faces — spanning soil, groundwater, and vapor intrusion pathways where contamination remains unresolved under Oregon DEQ oversight — 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.