Triangle Oil, Inc. is a fuel distribution facility in Grant County where leaking underground storage tanks released heating oil and unleaded gasoline into soil and groundwater. The release was discovered in May 2001, though the tanks may have been leaking for years prior to detection. The site remains at the site assessment stage with an unassigned project status, and no investigation or remediation work has been completed — no closure or No Further Action determination has been issued, and a responsible party remains under agreement or order with Oregon DEQ. 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.
Underground storage tank operations at this fuel business were under way well before 1986, and the resulting contamination — heating oil and unleaded gasoline released into soil and groundwater — was not discovered until May 2001. The site assessment, investigation, and remediation costs this property still faces, with no cleanup work yet completed and a responsible party under active Oregon DEQ enforcement, are precisely the type of future obligations that pre-1986 CGL 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.