A leaking underground storage tank at the City of Rainier Marina released gasoline into soil and groundwater, with the release reported to Oregon DEQ in August 1996. Contamination has been confirmed in both soil and groundwater, and the site remains in the Site Assessment stage under Oregon DEQ's Risk-Based Corrective Action framework. The City of Rainier is under agreement or order with Oregon DEQ, and no No Further Action determination has been issued — investigation and remediation obligations remain outstanding. 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 fuel storage infrastructure at this municipal marina may have been in place well before 1986, with a gasoline release from a leaking underground storage tank reported to Oregon DEQ in August 1996 confirming contamination in both soil and groundwater. The site assessment, delineation, and remediation work that Oregon DEQ's ongoing oversight will require represents a substantial future cost obligation that the City of Rainier still faces, and carriers whose policies were in effect during the marina's pre-1986 operational years may be obligated to fund those cleanup costs 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.