This gas station property in Clatsop County has regulated underground storage tanks and a petroleum release reported in 1999, with Oregon DEQ confirming contamination in soil, groundwater, and soil vapor — including free product. The site was enrolled in DEQ's Risk-Based Corrective Action program with cleanup initiated in 2000, but remediation has stalled and no No Further Action determination has been issued. A responsible party remains under agreement or order with Oregon DEQ, and the site continues under active oversight with an assigned project manager. 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 underground storage tanks at this property are consistent with gas station operations that predate 1986, and the petroleum contamination confirmed across soil, groundwater, and soil vapor — including free product — reflects the kind of long-duration releases typical of aging UST infrastructure. The investigation, remediation, and ongoing monitoring still required to resolve these impacts and achieve a No Further Action determination from Oregon DEQ represent substantial future costs 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.