A leaking underground storage tank was discovered at this Clackamas County industrial property in June 2026, with unleaded gasoline contamination confirmed in both soil and groundwater. Oregon DEQ received the release report in July 2026; the site is currently in the initial Site Assessment phase with no project manager designated and no enforcement agreements in place. The full scope of contamination delineation, investigation, and remediation lies entirely ahead. 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.
Underground storage tank releases commonly predate their discovery by years or decades, and the unleaded gasoline contamination at this site — a fuel type commercially available since the 1970s — is consistent with tank infrastructure predating 1986. The site assessment, delineation, and remediation work now required represents a future cost obligation 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.