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OR's Environmental Clean-Up Statute

By Chet A. Kronenberg and Michelle Kallen
February 26, 2014

In 1999, Oregon enacted the Oregon Environmental Cleanup Assistance Act (“OECAA”) to fill gaps in the law that purportedly resulted in insurance companies withholding or delaying payment of funds to policyholders on account of contaminated Oregon sites. In 2003 and 2013, the Oregon legislature amended the OECAA to add provisions to further maximize coverage for policyholders. By its terms, the OECAA applies to policies negotiated and purchased both before and after the effective date of the OECAA. This article summarizes the OECAA and its various amendments, and discusses to what extent the OECAA may apply retroactively to existing policies.

The OECAA

The '1999 Law'

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