This 11.93-acre utility operations facility in Jackson County is operated by PacifiCorp, a century-old electric utility founded in 1910. Petroleum contamination from diesel and unleaded gasoline was discovered in 2011 during decommissioning of regulated underground storage tanks, with overfill and dispenser failure identified as the release cause. Soil, groundwater, and soil gas have all been confirmed as impacted, with the water table less than 20 feet below the surface and a documented contaminant plume. Oregon DEQ has assigned the site for active cleanup oversight, a Cost Recovery Agreement executed in September 2022 establishes an ongoing financial obligation, and no No Further Action determination has been issued. 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.
PacifiCorp has operated as a utility company since 1910, and the regulated underground storage tanks decommissioned at this Medford facility in 2011 had been in service during a period extending well before 1986. The remediation, groundwater monitoring, and site closure work that remains ahead — governed by the 2022 Cost Recovery Agreement with Oregon DEQ — represents significant ongoing and future costs that historical pre-1986 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.