This industrial property is associated with groundwater contamination from 1,1,1-trichloroethane (TCA), a chlorinated solvent linked to A-Dec Inc., a dental equipment manufacturer founded in 1964 and identified as a small quantity generator of TCA. Groundwater contamination was discovered before 1990 during background sampling, and while Oregon DEQ issued a No Further Action determination for the adjacent Ushio facility, the broader groundwater contamination remains unresolved — with the agency's 1990 narrative explicitly calling for additional investigation of TCA-using facilities in the area. The site remains on Oregon's Confirmed Release List with an enforcement mechanism in place, and no site-wide NFA has been issued. 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 TCA contamination in groundwater here traces to industrial operations that began in 1964, more than two decades before 1986. The investigation and remediation work that Oregon DEQ has indicated is still needed — delineating the extent of chlorinated solvent contamination, addressing the unresolved groundwater impacts, and maintaining compliance with the site's Confirmed Release List status — represents costs this property still faces that historical pre-1986 carriers may be obligated to fund.
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.