Grange Co-Op, an agricultural cooperative founded in 1934, operated fuel dispensing facilities at this Jackson County property. During decommissioning of a diesel underground storage tank in September 2023, a release was discovered, and subsequent investigation confirmed diesel fuel contamination in both soil and groundwater at a shallow aquifer depth of less than 20 feet. Oregon DEQ assigned the site for active cleanup oversight and a Cost Recovery Agreement was filed in October 2023, establishing the responsible party's financial obligations — yet the site remains open with no closure or No Further Action determination 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.
The cooperative has operated fuel dispensing facilities at this property since 1934, placing more than five decades of its fuel operations squarely before 1986. The ongoing investigation and remediation work under Oregon DEQ's active oversight — including groundwater delineation, soil remediation, and long-term monitoring required at this shallow-aquifer site — represents substantial costs this property still faces, and pre-1986 carriers whose policies were in effect during the cooperative's earlier decades of fuel operations may be obligated to fund that cleanup work 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.