This property housed a dry-cleaning operation from the 1960s through 2000 at the Mohawk Shopping Center, with tetrachloroethylene (PCE) released into the subsurface through a broken drain line. The resulting groundwater plume extends approximately three-quarters of a mile northwest of the site, with PCE concentrations reaching 7,100 µg/L, and has impacted drinking water sources including Springfield Utility Board municipal supply wells and domestic community wells. Oregon DEQ has designated this a High Priority Enforcement site, and a Remedial Investigation/Feasibility Study initiated under a 2018 voluntary cleanup agreement with McKay Investments remains ongoing, with the full extent of groundwater contamination still undetermined. 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 traces to dry-cleaning operations that began in the 1960s and continued through 2000, releasing tetrachloroethylene into the subsurface through a broken drain line for decades before 1986. With the Remedial Investigation/Feasibility Study still underway, the full extent of the three-quarter-mile groundwater plume not yet delineated, and Oregon DEQ-required protection of municipal drinking water supplies ahead, the investigation, remediation, and long-term monitoring costs this property still faces are substantial, and pre-1986 carriers whose policies were in effect during those operational years may be obligated to fund that work 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.