NuWay Cleaners operated at this Linn County property from 1953 to 1976, using tetrachloroethylene (PCE) and Stoddard solvent in dry-cleaning operations. Groundwater testing in the mid-1990s revealed severe contamination — PCE at 5,800 µg/L, TCE at 3,700 µg/L, and free-phase Stoddard solvent floating on the water table — with contamination migrating off-site into an adjacent city-owned parking lot and contributing to the larger Lebanon Area Groundwater cleanup (ECSI #1089). Oregon DEQ conducted a pump-and-treat system from 1997 to 2004 followed by in-situ bioremediation through 2009, and an Easement & Equitable Servitude recorded in 2011 restricts groundwater use, soil removal, and residential use at the property. No No Further Action determination has been issued, seven monitoring wells remain in place, and the site continues under active DEQ oversight with future vapor monitoring recommended. 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 contamination at this site originates entirely from dry-cleaning operations that ran from 1953 to 1976 — more than a decade before 1986. The ongoing groundwater monitoring, recommended vapor intrusion assessments, and this site's role in the broader Lebanon Area-wide cleanup represent substantial future obligations that 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.
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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.