This petroleum distribution bulk plant was the subject of a complaint in March 1992 after a diesel fuel leak was discovered in the facility's piping, releasing contamination into soil and groundwater. The impacts have been significant — Oregon DEQ confirmed that drinking water, surface water, and free product have all been affected. The site remains on hold with no closure determination, and a Cost Recovery Agreement executed in May 2025 confirms that financial obligations for investigation and remediation remain outstanding, with the Hazardous Substance Remedial Action Fund involved in the cleanup. 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 diesel fuel release at this bulk plant originated from distribution infrastructure that had been operating well before 1986, with contamination from a piping leak going undiscovered until a complaint brought it to light in March 1992. With Oregon DEQ having confirmed impacts to drinking water, surface water, and free product — and the site still awaiting a closure determination — the investigation and remediation work ahead, now formalized under a Cost Recovery Agreement executed in May 2025, represents costs that historical pre-1986 carriers 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.