This property was built in 1973 as a dry-cleaning facility, operating with perchloroethylene (PCE) well before 1986 and later converting to a coin-operated laundry in 1994. Groundwater contamination from PCE and its breakdown products was confirmed in a 2010 Federal Preliminary Assessment, and a 2014 vapor intrusion assessment found PCE in indoor air at levels posing unacceptable risk to future occupational workers. The site has been listed on Oregon DEQ's Confirmed Release List since 2011 with no No Further Action determination issued, and remedial actions recommended in 2014 — including HVAC operation, floor sealing, and ambient air retesting — have not been confirmed as completed. 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 PCE contamination at this property originated from dry-cleaning operations that began in 1973 and continued well before 1986, when perchloroethylene use led to groundwater and vapor intrusion impacts confirmed by subsequent federal and state assessments. With the site remaining on Oregon DEQ's Confirmed Release List since 2011 and recommended remedial actions — including vapor mitigation, floor sealing, and ambient air retesting — still unconfirmed as completed, the investigation, remediation, and ongoing compliance costs this property still faces are exactly the type of future obligations that historical pre-1986 CGL 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.