This property hosted dry-cleaning operations dating back to at least 1930, as documented on a Sanborn Fire Insurance Map, with Quality Cleaners operating from approximately 1951 to 1975 using tetrachloroethylene (PCE) and Stoddard Solvent. Groundwater sampling in 2010 confirmed contamination including PCE, trichloroethylene (TCE), cis- and trans-1,2-dichloroethylene, vinyl chloride, and petroleum hydrocarbons — with concentrations exceeding risk-based concentrations. No remediation has been performed, no No Further Action determination has been issued, and the site remains unassigned within the Oregon Cleanup Program. The property also falls within an EPA Vulnerable Area for Drinking Water Protection, underscoring the unresolved risk to surrounding groundwater resources. 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 released chlorinated solvents and petroleum hydrocarbons into groundwater from as early as 1930 through the mid-1970s, decades before 1986. Because no remediation has been performed and the site remains unassigned within the Oregon Cleanup Program, the full scope of investigation, delineation, remediation, and long-term groundwater monitoring costs this property still faces are future expenses that pre-1986 carriers insuring operators during those active dry-cleaning years 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.