This property has a documented history as a dry cleaning facility going back to 1966. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This property operated as a retail dry cleaner from 1966 through 1988, using perchloroethylene (PCE) throughout more than two decades of solvent-based operations. PCE was discovered at extreme concentrations — up to 12,100 mg/kg in soil and 13,400 ug/l in groundwater — and has migrated off-site into adjacent buildings, where vapor intrusion remains a documented concern within the City of Klamath Falls wellhead protection area. Oregon DEQ issued a Record of Decision in 2005 selecting a remedy that includes sump capping and venting, engineering controls, institutional controls, and ongoing monitoring, and a Prospective Purchaser Agreement and Consent Order have been in effect since 2014 with DEQ actively managing remedial activities at the property. 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.
Why Historical Insurance Policies May Be Accessible
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 PCE contamination at this property originated from dry-cleaning operations that ran continuously from 1966 to 1988, placing more than two decades of solvent use in the years before 1986. Ongoing groundwater and vapor-intrusion monitoring under active Oregon DEQ oversight, maintenance of engineering and institutional controls, and the remediation and compliance work ahead represent 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
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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.