This former gas station site on Highway 101 in Douglas County was discovered to have petroleum contamination when a piping leak was identified during tank decommissioning in March 2015. Diesel and unleaded petroleum hydrocarbons have been confirmed in both soil and groundwater, and the responsible party is under agreement or order with Oregon DEQ. The site is classified under Risk-based Corrective Action with no No Further Action determination issued, and Oregon DEQ activity as recent as April 2026 confirms the matter remains open. 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 petroleum contamination at this property originated from fueling operations that predate 1986, with diesel and unleaded petroleum hydrocarbons subsequently confirmed in both soil and groundwater after a piping leak was discovered during tank decommissioning in March 2015. The investigation and remediation work that lies ahead — fully delineating the extent of petroleum impacts, completing corrective action under the site's open Oregon DEQ agreement, and maintaining ongoing compliance monitoring — represents costs this property still faces 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.