This former bulk plant property in Tillamook County was the site of petroleum storage and distribution operations that caused soil and groundwater contamination, first discovered between 1990 and 1993 under DEQ LUST case #92-037. A dissolved hydrocarbon plume with elevated BTEX concentrations extends off-site to the north and west, and Oregon DEQ has determined that the plume has not been fully characterized and that additional site assessment is needed to define the extent of contamination. The responsible party is under agreement or order with Oregon DEQ, yet the site remains unassigned with no No Further Action determination issued and further investigation called for under medium priority. 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 contamination at this property originated from bulk plant operations that predate 1986, with petroleum-related soil and groundwater impacts first identified between 1990 and 1993 under Oregon DEQ oversight. The investigation and remediation work ahead — fully characterizing the off-site dissolved hydrocarbon plume, completing the additional site assessment Oregon DEQ has called for, and addressing the contamination still requiring further action — represents costs this property still faces 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.