This property operated as a retail automotive refueling station from at least 1971, with six first-generation underground storage tanks installed before 1986 and decommissioned in January 1993. Petroleum contamination in soil and groundwater was confirmed during tank decommissioning, and subsequent investigations spanning 1994 through 2024 have documented impacts to soil, groundwater, and soil vapor — including contamination affecting private domestic drinking water wells on the property, one of which was capped in January 2020. An air sparge remediation system operated from 2009 to 2014, but no No Further Action determination has been issued, and the site remains under active Oregon DEQ oversight with an assigned project manager and a cost recovery agreement in place since 1993. 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 petroleum contamination at this property originated from six underground storage tanks installed before 1986 and operated as part of a retail automotive refueling station from at least 1971 until their decommissioning in January 1993, when petroleum impacts to soil and groundwater were first confirmed. With investigations from 1994 through 2024 documenting contamination in soil, groundwater, and soil vapor — including impacts to private domestic drinking water wells — and no site closure issued under Oregon DEQ oversight, the future costs of continued investigation, remediation, monitoring, and compliance this property still faces are obligations that pre-1986 carriers may be required 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.