This gas station property — operated by H&S Stations, LLC (Colvin Oil) — experienced a petroleum release discovered in April 1995, with contamination confirmed in soil, groundwater, and indoor air. The site's groundwater plume lies within half a mile of domestic and community wells, and vapor intrusion has been identified as a concern. Oregon DEQ has assigned the site for active oversight and a Cost Recovery Agreement executed in May 2025 establishes a current financial obligation, but the cleanup remains in the early Site Assessment phase with no 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 petroleum release at this property originated from underground storage tank operations at a gas station — infrastructure typically installed well before 1986. With the site still in early Site Assessment under Oregon DEQ oversight and a Cost Recovery Agreement directing further investigation, the delineation, remediation, and long-term monitoring costs ahead represent a substantial ongoing and future obligation that historical pre-1986 carriers may be required 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.