This property hosted dry-cleaning operations from the 1950s through the 1990s, releasing tetrachloroethylene (PCE) into the subsurface over several decades. Groundwater sampling has confirmed PCE at 800 ppb along with PCE degradation products and diesel-range petroleum hydrocarbons at concentrations suggesting free product, and contaminated soil was left in place when heating oil tanks were decommissioned. The property owner terminated a voluntary cleanup agreement with Oregon DEQ in 2007 stating no further work was anticipated, but the site has never received a No Further Action determination — contamination in soil and groundwater remains unresolved. 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 in the 1950s and continued through the 1990s, placing decades of contaminating activity well before 1986. With PCE groundwater contamination, potential free product, and impacted soil still unresolved and no No Further Action determination ever issued by Oregon DEQ, the investigation and remediation costs this property still faces are precisely the type of future obligations that historical pre-1986 carriers 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.