Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

Oregon Supreme Court Narrows Contribution Bar under the Oregon Environmental Cleanup Assistance Act

By Cameron Zangenehzadeh & Seth Row on April 23, 2025
Email this postTweet this postLike this postShare this post on LinkedIn

In a landmark decision affecting environmental insurance claims, the Oregon Supreme Court clarified the scope of the “contribution bar” under the Oregon Environmental Cleanup Assistance Act (OECAA). In Continental Casualty Co. v. Argonaut Ins. Co., 373 Or. 389 (2025), the Court held that OECAA’s good-faith settlement bar applies only if a settlement resolves the same environmental claim for which the targeted insurer seeks contribution.

For policyholders, the decision preserves flexibility to settle with co-insurers on distinct claims without foreclosing a targeted insurer’s contribution rights. But this decision may also lead to more prolonged contribution litigation—an outcome the legislature aimed to minimize when enacting OECAA.

Why It Matters to Policyholders

After Schnitzer Steel secured a $15 million federal judgment for unreimbursed defense costs from Continental for environmental liabilities related to the Portland Harbor Superfund Site (PHSS), Wausau entered into a subsequent settlement with Schnitzer covering additional liabilities related to PHSS. Wausau argued that this later settlement barred Continental’s contribution claim under ORS 465.480(4)(a), even though Continental had already filed suit to recover its share of paid defense costs.

The Supreme Court disagreed, holding that the contribution bar applies only when a settlement covers the same environmental claim that the targeted insurer already paid. Because Schnitzer’s earlier judgment against Continental had already resolved its defense cost claim against Continental, Continental’s contribution claim could not be extinguished by Wausau’s later, broader settlement with Schnitzer.

By interpreting “the environmental claim” to refer to the specific claim paid by the targeted insurer—not any broader or different claim—the Court struck a balance between OECAA’s goal of ensuring prompt, full coverage and preserving targeted insurers’ rights to contribution.

Key Takeaways

  • Contribution rights remain intact unless a co-insurer’s settlement clearly resolves “the environmental claim” that the targeted insurer has already paid.
  • General or broad settlements—even if made in good faith—do not bar contribution unless they unambiguously cover the same, already-paid claim.
  • Policyholders retain flexibility to settle distinct aspects of their claims (e.g., indemnity or future defense costs) without impairing the targeted insurer’s contribution rights.
  • Because co-insurers face lingering exposure despite good-faith payments, the decision may deter early or global settlements and lead to prolonged contribution litigation.
  • Ambiguous settlement language may inadvertently preserve contribution exposure and create friction between insurers, potentially drawing policyholders into collateral disputes.
  • Precise claim characterization and clear documentation in settlement agreements are critical to avoid post-settlement litigation and preserve the benefits of good-faith resolutions.

Read the full article to explore the court’s detailed reasoning and what it means for environmental insurance coverage in Oregon.

Photo of Cameron Zangenehzadeh Cameron Zangenehzadeh
Cam Zangenehzadeh is an attorney in the Litigation practice, representing corporate policyholders in the recovery of insurance assets. Cam regularly advises companies on a wide range of risk management issues and has represented Fortune 500 companies in complex insurance recovery matters, including in
…
Cam Zangenehzadeh is an attorney in the Litigation practice, representing corporate policyholders in the recovery of insurance assets. Cam regularly advises companies on a wide range of risk management issues and has represented Fortune 500 companies in complex insurance recovery matters, including in coverage litigation involving environmental property damage. Cam has recovered millions of dollars for clients under various commercial insurance policies and in a variety of contexts.

Click here to continue reading Cameron Zangenehzadeh‘s full bio.

Read more about Cameron ZangenehzadehEmail
Show more Show less
Photo of Seth Row Seth Row

Seth Row’s practice focuses on policyholder-side insurance recovery involving a mix of litigation and counseling and behind-the-scenes advocacy to clients in multiple industries. In more than 20 years of practice, Seth has helped clients recover millions of dollars under almost every variety of…

Seth Row’s practice focuses on policyholder-side insurance recovery involving a mix of litigation and counseling and behind-the-scenes advocacy to clients in multiple industries. In more than 20 years of practice, Seth has helped clients recover millions of dollars under almost every variety of commercial insurance policy including general liability, employment practices, property and business income loss, builder’s risk, Directors & Officers, representations & warranties, marine, and cyber-risk, among others.

Click here to continue reading Seth Row’s full bio.

Read more about Seth RowEmail
Show more Show less
  • Posted in:
    Appellate
  • Blog:
    Notice of Appeal
  • Organization:
    Stoel Rives LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Beyond the First 100 Days
  • In the Legal Interest
  • Cooking with SALT
  • The Fiduciary Litigator
  • CCN Mexico Report™
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo