A petroleum release was discovered at this gas station property in December 2024 during underground storage tank decommissioning, with contamination from unleaded gasoline confirmed in both soil and groundwater. The tanks had been in service for an extended period prior to removal, though the specific date of their original installation has not been established. Oregon DEQ assigned the site within days of the release notification, and a responsible party is under agreement or order with the agency. With no investigation reports, remediation plans, or No Further Action determination in place, the full scope of delineation and cleanup work lies ahead. 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 were in extended service before their decommissioning in late 2024, and the timeline of their original installation — which may predate 1986 — has yet to be definitively established. With no investigation reports, remediation plans, or No Further Action determination yet in place, the full scope of delineation, remediation, and ongoing monitoring required under Oregon DEQ oversight represents substantial future costs that historical pre-1986 CGL 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.