This property has operated as a dry cleaner since 1986, with two Stoddard solvent underground storage tanks in place prior to 1987 and tetrachloroethylene (PCE) use beginning in 1987. A November 2003 assessment confirmed chlorinated VOCs in groundwater above screening levels, and Oregon DEQ has designated the site as a low to medium priority for further action under the Dry Cleaner Program. No No Further Action determination has been issued, and no remediation has been completed — investigation and cleanup work remain ahead under DEQ oversight. 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 underground storage tanks containing Stoddard solvent were installed at this property before 1987, and dry cleaning operations have been conducted here since 1986. The investigation and remediation work ahead under Oregon DEQ's Dry Cleaner Program — including further groundwater assessment and any required cleanup of chlorinated solvent contamination — represent costs that historical pre-1986 carriers whose policies were in effect during that period may be obligated to fund 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.