This commercial fueling property operated as a Pacific Pride station in Coos County, with a release of diesel motor fuel and unleaded gasoline discovered in May 2016 following physical or mechanical damage to a regulated underground storage tank. Soil and groundwater contamination have been confirmed, and Oregon DEQ has classified the site under Risk-based Corrective Action at the Site Assessment stage. The responsible party is under agreement or order with Oregon DEQ, and no No Further Action determination has been issued. 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 fueling station — diesel and gasoline released from a damaged underground storage tank — may trace to fueling operations and tank installations that predate 1986. The site assessment currently underway at the direction of Oregon DEQ and the remediation, compliance, and long-term monitoring work this property still faces represent substantial ongoing and 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.