This property has a documented history as a dry cleaning facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This former dry-cleaning property in Multnomah County released tetrachloroethylene (PCE) into the subsurface, producing very high levels of PCE in soil gas and confirmed vapor intrusion into on-site buildings — with indoor air concentrations measured as high as 36 µg/m³. Contaminated soil has been excavated and disposed of (approximately 47 tons removed), but Oregon DEQ has not closed the site. The property remains in the Voluntary Cleanup Program with at least two more years of bi-annual indoor air monitoring required, a Contaminated Media Management Plan still to be completed, and a potential Easement and Equitable Servitude that would restrict the property to non-residential use. 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.
Why Historical Insurance Policies May Be Accessible
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 PCE contamination at this property stems from historical dry-cleaning operations that were conducted before 1986. The ongoing bi-annual indoor air monitoring program, the required Contaminated Media Management Plan, and the potential Easement and Equitable Servitude restricting the property to non-residential use represent substantial future compliance costs under Oregon DEQ oversight that historical pre-1986 carriers whose policies were in effect during the period of dry-cleaning operations 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
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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.