This property operated as a Unocal service station with four underground storage tanks likely installed circa 1964 and removed in 1989, along with a drywell that received petroleum wastes from service bay floor drains over decades of operation. Groundwater monitoring has confirmed BTEX compounds and naphthalene in a well directly downgradient from the drywell, and additional contaminated soil was left in place during tank removal due to the risk of damaging existing infrastructure. The site remains listed on Oregon DEQ's Confirmed Release List with no No Further Action determination issued, and further investigation recommended under the Voluntary Cleanup Program has not reached closure. 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.
Petroleum contamination at this property originated from underground storage tank operations and drywell discharges that began in the mid-1960s, more than two decades before 1986. The unresolved groundwater contamination, unremediated soil left in place during tank removal, and outstanding investigation obligations under Oregon DEQ's Voluntary Cleanup Program represent future cleanup costs this property still faces — costs that historical pre-1986 carriers for the station's operators 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.