This industrial property in Multnomah County has hosted commercial and manufacturing operations since at least 1960, including an asbestos factory, dry-cleaning facilities, auto repair shops, and heating oil underground storage tanks — with broader commercial use on the parcel dating to the late 1800s. Soil gas sampling has confirmed tetrachloroethylene (PCE), trichloroethylene (TCE), benzene, and 1,3-butadiene at concentrations exceeding Oregon DEQ risk-based concentrations, with groundwater and indoor air also confirmed as impacted media. Oregon DEQ has an active Prospective Purchaser Agreement and Consent Order in place for the site, with the PPA completing its public comment period in December 2025, and the prospective purchaser intends to remediate the property for redevelopment. 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 — chlorinated solvents from dry-cleaning operations, petroleum from underground storage tanks, and asbestos from former manufacturing — traces to commercial and industrial activities that operated on this parcel since at least 1960, decades before 1986. The investigation, remediation, and long-term monitoring work ahead — now formalized under a DEQ Prospective Purchaser Agreement and Consent Order — represents substantial future costs that those 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.