This property has a documented history as a facility using PFAS-containing firefighting foam predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the cleanup that lies ahead.
This public fire district property has a history of aqueous film-forming foam (AFFF) use for fire training activities dating to at least the 1980s, releasing per- and polyfluoroalkyl substances (PFAS) into soil and groundwater. A 2020 reconnaissance investigation confirmed PFOS concentrations up to 1,610 parts per trillion and PFOA up to 292 parts per trillion in groundwater — exceeding current EPA drinking water health advisories of 4 parts per trillion by orders of magnitude. The site remains in early investigation with no remediation commenced and no No Further Action determination issued, and pending PFAS regulations are expected to drive further cleanup obligations. 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 PFAS contamination at this property originated from AFFF use for fire training activities dating to at least the 1980s, placing the operations that caused soil and groundwater contamination squarely before 1986. With groundwater concentrations exceeding current EPA drinking water health advisories by orders of magnitude, no remediation yet commenced, and pending PFAS regulations in Oregon expected to impose substantial investigation and remediation requirements, the cleanup costs this property still faces 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.
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.