This property has housed dry-cleaning operations since the mid-1960s, with decades of use releasing tetrachloroethylene (PCE) into soil and groundwater beneath the shopping center and off-site to the south along Fillmore Avenue. PCE and trichloroethylene (TCE) have been detected at elevated concentrations across all groundwater sampling locations, confirming a documented contaminant plume. The site remains on Oregon DEQ's Confirmed Release List with no remediation completed to date, and DEQ's Dry Cleaner Environmental Response Program is actively managing investigation and annual groundwater monitoring. 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 the mid-1960s and continued for decades, releasing PCE and TCE into soil and groundwater well before 1986. With no remediation yet completed and a contaminant plume extending off-site along Fillmore Avenue, the investigation, remediation, and long-term monitoring costs this property still faces represent a substantial ongoing and future obligation that historical pre-1986 carriers may be required 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.