This former service station and dry cleaning property in Lane County operated for decades before closing around 2001, with petroleum contamination from underground storage tanks and chlorinated solvents — including PCE, TCE, DCE isomers, and vinyl chloride — from dry cleaning operations confirmed in soil and groundwater since a 1991 Initial Site Characterization Report. Oregon DEQ issued Further Action Required letters to the responsible parties in 1994 and 1995 directing groundwater monitoring, and indoor air sampling has detected TCE above occupational risk-based concentrations with vapor intrusion concerns beneath an adjacent business. Despite site evaluation efforts dating to 2005 and an unsuccessful bid for EPA Targeted Brownfield Assessment funding in 2009, no remediation has been completed and no No Further Action determination has been issued. 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 chlorinated solvent and petroleum contamination at this property originated from service station and dry cleaning operations that ran for decades before 1986. The groundwater delineation, vapor intrusion assessment, and remediation that Oregon DEQ has directed — work that remains incomplete despite site evaluation efforts dating to 2005 — represent costs this property still faces, and historical pre-1986 carriers may be obligated to fund that investigation and cleanup 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.