This industrial property has hosted manufacturing operations since the mid-1960s, beginning with motorhome and RV fabrication followed by vehicle canopy manufacturing that continued through 2018. Chlorinated solvents — tetrachloroethylene (PCE) and trichloroethylene (TCE) — along with gasoline-range petroleum hydrocarbons have been confirmed in groundwater, with vapor intrusion concerns identified for onsite and adjacent buildings and potential ecological risks to nearby Johnson Creek. No remedial actions have taken place to date; Oregon DEQ assigned a project manager in May 2024, issued a comments letter directing a revised Phase II ESA and additional investigation including offsite delineation, and the responsible party remains under agreement or order with DEQ as the site progresses through the investigation phase. 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 groundwater contamination at this property traces to industrial solvent use and fuel storage practices that began in the mid-1960s, more than two decades before 1986. With no remediation yet undertaken and Oregon DEQ actively directing additional investigation, offsite delineation, and vapor intrusion assessment, the full scope of cleanup costs still lies ahead — and those future obligations are precisely what 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.