This former gas station property in Coos County released diesel and gasoline contamination when regulated underground storage tanks were decommissioned in May 1994, with both soil and groundwater confirmed as impacted media. Oregon DEQ has assigned the site for active oversight, and a Cost Recovery Agreement executed in December 2022 establishes an ongoing financial obligation for investigation and remediation. The property carries Brownfield designation with active EPA IIJA funding, 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 property operated for years before their 1994 decommissioning, placing the contamination's origins within the pre-1986 period. With the site under active Oregon DEQ oversight, a Cost Recovery Agreement in force, and EPA IIJA funding engaged, the soil and groundwater investigation and remediation work ahead represents substantial costs that pre-1986 carriers whose policies were in effect during the tanks' operational years 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.