This industrial property operated as a lumber mill from approximately 1947 to 1994, with hazardous substances confirmed in both soil and groundwater as a result of decades of mill operations. Oregon DEQ approved a Contaminated Media Management Plan in February 2019 to govern disturbance of contaminated soil and groundwater on the 0.65-acre parcel, and no No Further Action determination has been issued. The site remains under active DEQ oversight as an assigned cleanup project, with the property owner required to notify DEQ before any work that would disturb contaminated media. 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 lumber mill operations that began in approximately 1947 and ran for nearly four decades before 1986, resulting in hazardous substances confirmed in both soil and groundwater. The ongoing management obligations under the Contaminated Media Management Plan, any future investigation or remediation Oregon DEQ may direct, and the long-term monitoring work ahead represent substantial future costs 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.