This property operated as a commercial laundry and dry cleaning business from approximately the 1950s through the mid-1990s, with three underground fuel oil storage tanks installed during that period and decommissioned in 1999. During decommissioning, approximately 4,100 gallons of contaminated groundwater were removed, and subsequent drilling in 2008 confirmed tetrachloroethylene (PERC) and its breakdown products in both soil and groundwater. Approximately 1,000 cubic yards of petroleum-contaminated soil remain on site, the full extent of solvent contamination in groundwater has not yet been determined, and Oregon DEQ has requested additional site investigation — with the responsible party under agreement or order and the project currently on hold. 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 contamination at this property — petroleum from underground storage tanks and chlorinated solvents from decades of commercial laundry and dry cleaning operations — originated from activities that began in the 1950s, well before 1986. The investigation Oregon DEQ has requested to delineate the full extent of the solvent plume in groundwater, the remediation of approximately 1,000 cubic yards of petroleum-contaminated soil still in place, and any further remedial action the state may require are future costs this property still faces 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.