This residential property features a farmhouse constructed in 1960 with underground heating oil and fuel oil tanks likely installed at that time, serving the property for approximately six decades before decommissioning in 2019 due to tank corrosion. Gasoline, diesel, and volatile organic compounds have been confirmed in shallow groundwater approximately twenty feet below ground surface, with a contaminant plume located less than half a mile from a domestic well. Oregon DEQ has directed substantial remediation work including excavation of 1,286 tons of petroleum-contaminated soil in September 2023 and chemical oxidation injections across sixteen to twenty-one injection points, most recently in April 2025 — yet quarterly groundwater monitoring continues to show significant but insufficient decreases in contaminant concentrations, 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 contamination at this property originated from underground heating oil and fuel oil tanks installed around 1960 that operated for more than two decades before 1986, with tank corrosion ultimately releasing petroleum compounds and volatile organic contaminants into shallow groundwater. The substantial work ahead under Oregon DEQ oversight — including continued chemical oxidation injections, quarterly groundwater monitoring with contaminant concentrations still above closure thresholds, and the additional remediation needed to reach a No Further Action determination — represents ongoing costs that historical pre-1986 carriers 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.