This gas station property in Coos County operated as a Chevron fueling station with regulated underground storage tanks containing diesel and unleaded gasoline. Contamination was discovered during tank decommissioning in August 2022, with petroleum hydrocarbons, VOCs, and BTEX confirmed in both soil and groundwater — and the plume sits less than half a mile from a domestic or community well with the aquifer less than 20 feet below the surface. Oregon DEQ received the release notification in January 2023, cleanup activities commenced in December 2024, and the responsible party is under agreement or order with DEQ, though no project manager has been assigned 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 underground storage tanks at this Coos County fueling station may have been in service well before 1986, with petroleum hydrocarbon and VOC contamination from those operations confirmed in soil and groundwater when the tanks were decommissioned in August 2022. With cleanup only recently underway and no closure determination issued by Oregon DEQ, the investigation, remediation, and groundwater monitoring costs this property still faces represent a substantial future obligation that historical pre-1986 carriers insuring operators of this fueling station during the years those tanks were in use 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.