Green Brothers Logging operated an underground storage tank and vehicle maintenance facility in Hood River County, with a leaking UST confirmed to have released gasoline into the shallow groundwater. The tank was removed on August 19, 1993, but as of the most recent site narrative, gasoline-contaminated soil remains on-site pending remediation by the Oregon Department of Transportation. The site remains listed on Oregon DEQ's inventory with no No Further Action determination issued, and DEQ continues to work on resolving liability issues surrounding the contamination. 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 logging operation's vehicle maintenance activities and underground fuel storage at this property were well established before 1986, with the leaking underground storage tank not removed until August 1993. With gasoline-contaminated soil still unremediated and the site remaining on Oregon DEQ's inventory without a No Further Action determination, the remediation, investigation, and ongoing compliance costs this property faces going forward are future obligations that historical pre-1986 carriers may be required 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.