This card lock fueling facility in Lincoln County experienced a substantial diesel release from a leaking supply line at the dispenser, first reported to Oregon DEQ in November 1994 and confirmed in March 1995. The release occurred over an unknown period of time, and diesel product migrated off-site to a wetland and drainage ditch area, ultimately discharging to Alsea Bay. Oregon DEQ has directed further investigation to address contaminant surface concentrations and the extent of subsurface contamination, and the responsible party remains under agreement or order with the agency. 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.
Fueling operations at this card lock facility were underway before 1986, and the diesel release from a leaking supply line at the dispenser occurred over an undetermined timeframe before being reported to Oregon DEQ in November 1994. The further investigation, remediation, and environmental restoration work that Oregon DEQ has directed — including assessment of contaminant surface concentrations, subsurface contamination extent, and impacts to the wetland and drainage areas discharging to Alsea Bay — represents substantial ongoing and future costs that 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.