This property has a documented history as an industrial and manufacturing facility going back to 1947. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This industrial property has been in use since the late 1800s, with a truck and vehicle repair facility constructed on-site in 1947 and acquired by the Oregon Department of Transportation in the 1950s. Eleven underground storage tanks installed during the facility's operational years were removed in the 1990s, and soil sampling in 1993 and 1998–1999 confirmed petroleum contamination at the soil-groundwater interface at 12 to 18 feet below ground surface. The site is enrolled in Oregon DEQ's Voluntary Cleanup Program with no No Further Action determination issued — DEQ requires compliance with a 2015 Contamination Management and Monitoring Plan during redevelopment, contaminated soil disposal at an approved landfill, and submission of a Closure Report before any conditional NFA can be considered. 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.
Underground storage tank operations at this property date back to the facility's construction in 1947 and its acquisition in the 1950s, placing decades of petroleum-handling activity well before 1986. With the site enrolled in Oregon DEQ's Voluntary Cleanup Program and conditional closure contingent on compliance with the 2015 Contamination Management and Monitoring Plan, proper disposal of contaminated soil, and submission of an approved Closure Report, the substantial costs this property still faces may fall to historical pre-1986 carriers whose policies were in effect during those operational years.
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.