This property has housed dry-cleaning operations since at least 1980, beginning with Bright N Clean Laundry and continuing through successive operators including Clean Services and Astoria Cleaners through 2020. Tetrachloroethylene (PCE) contamination is severe — groundwater sampling in September 2020 detected PCE at 119,000 ppb behind the building, and sub-slab vapor concentrations reached 19,200 ug/L, exceeding Oregon DEQ's risk-based concentrations for vapor intrusion. The site is enrolled in Oregon DEQ's Dry Cleaner Program with a responsible party under agreement or order, and significant additional investigation is required to delineate the lateral extent of contamination both on-site and off-site. 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 by at least 1980 and continued through successive operators for decades, placing the origin of PCE contamination squarely within the pre-1986 policy period. With significant investigation still required to delineate the lateral extent of contamination both on-site and off-site, followed by remediation and long-term monitoring under Oregon DEQ's Dry Cleaner Program, the future cleanup costs this property still faces may fall to historical pre-1986 carriers whose policies were in effect during those early years of dry-cleaning operations.
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.