This former gas station in Jackson County operated as a fueling facility with underground storage tanks until ceasing operations at an undetermined date. A release was discovered in November 2017, with diesel motor fuel and gasoline contamination confirmed in soil, groundwater, and surface water. The site remains unassigned under Oregon DEQ with no No Further Action determination, no remediation reports on file, and a responsible party under active agreement or order. 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.
This former fueling facility operated with underground storage tanks during a period extending well before 1986, and the diesel and gasoline contamination confirmed in soil, groundwater, and surface water is consistent with long-duration releases originating during those historical operations. With no cleanup work yet completed and three distinct media impacted, the investigation, remediation, and monitoring costs this property still faces are precisely the type of future obligations 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.