This commercial property operated as a market with an unregulated underground storage tank that released gasoline into both soil and groundwater. Oregon DEQ received notification of the release in December 2003, and the site remains in the assessment phase under active DEQ oversight with an assigned project manager. A Cost Recovery Agreement filed in September 2023 establishes an ongoing financial obligation, and no final remediation or closure has been achieved. 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 gasoline contamination at this property originated from an unregulated underground storage tank — a tank class commonly installed well before 1986 — which released petroleum into both soil and groundwater during its years of operation. With assessment still underway, remediation yet to begin, and a Cost Recovery Agreement establishing ongoing compliance obligations, the investigation, cleanup, and long-term monitoring work ahead under Oregon DEQ's active oversight represents substantial future costs that pre-1986 carriers whose policies were in effect during the period of tank operations 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.