This commercial property in Coos County operated as a battery exchange and fueling site with an unregulated underground storage tank containing gasoline. A release was discovered in late 2024, with petroleum contamination — including BTEX, naphthalene, and volatile organic compounds — confirmed in soil and groundwater, along with free product. The site is currently in the Site Check phase under Oregon DEQ's leaking underground storage tank program, with the responsible party under agreement or order, 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 unregulated underground storage tank at this property was installed and operated as part of a battery exchange and fueling site well before 1986, placing the origin of petroleum contamination — including BTEX, naphthalene, and volatile organic compounds confirmed in soil and groundwater — squarely in that pre-1986 window. The investigation, delineation, and remediation costs this property still faces — including continued groundwater assessment, free product recovery, and any further cleanup Oregon DEQ may direct as the Site Check phase progresses — are future obligations 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.