This property housed dry-cleaning operations beginning in 1955, using approximately 100 gallons of perchloroethylene (PCE) per year. Contamination was discovered in 1990 when PCE was detected in an irrigation well, and subsequent investigations from 1993 to 1995 confirmed widespread contamination in soil, groundwater, and soil gas — including impacts to private and domestic drinking water wells beneath part of downtown Lebanon. Oregon DEQ's Dry Cleaner Program funded remediation at the site, but that program sunset in 2023 with no replacement funding mechanism, and DEQ removed the remediation systems from the building in 2022 at the owner's request while contamination persists and no No Further Action determination 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.
Dry-cleaning operations at this property began in 1955 and released perchloroethylene for more than three decades before 1986, resulting in confirmed contamination in soil, groundwater, soil gas, and private drinking water wells beneath part of downtown Lebanon — with no regulatory closure to date. With Oregon DEQ's Dry Cleaner Program defunded in 2023 and remediation systems removed from the building in 2022 while contamination persists, the investigation, remediation, and monitoring costs this property still faces are precisely the type of future obligations 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.