This industrial property operated from approximately 1932 through 1975, and six petroleum underground storage tanks installed during that era were decommissioned in 1991, when contaminated soil was first discovered. A 2001 No Further Action determination addressed the original UST leaks, but a 2024 site investigation identified residual volatile organic compound (VOC) contamination in soil, groundwater, and soil vapor — opening a new cleanup project under Oregon DEQ oversight. The site is now an active assigned project with a Consent Order and Prospective Purchaser Agreement under consideration, and Oregon DEQ has determined that institutional and engineering controls are needed to address the remaining contamination. 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 industrial operations conducted from approximately 1932 through 1975 and six petroleum underground storage tanks installed during that era, with all contaminating activity occurring decades before 1986. The remediation, institutional controls, and engineering controls now required under Oregon DEQ direction — together with compliance work ahead under a pending Consent Order and Prospective Purchaser Agreement — represent substantial ongoing and future costs that historical pre-1986 carriers may be obligated to fund going forward.
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.