This former Chevron bulk terminal in Josephine County began fuel distribution before 1900 and operated for decades before the adjacent property owner purchased the tank farm in 1987. Diesel, gasoline, and solvent contamination has been confirmed in both soil and groundwater through monitoring wells sampled between 2002 and 2012. No soil removal or treatment has been performed at the site, and Oregon DEQ's investigation remains ongoing — a conceptual site model was developed in 2012, but data gaps are still being addressed, and PFAS contamination is suspected but not yet tested. 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.
Bulk fuel distribution operations at this property began before 1900 and continued for the better part of a century before 1986, producing the diesel, gasoline, and solvent contamination confirmed in soil and groundwater. With no remediation completed to date and Oregon DEQ's investigation still working to close data gaps, the site faces substantial future costs for delineation, potential PFAS assessment, soil removal, groundwater treatment, and long-term monitoring that pre-1986 carriers whose policies were in effect during those decades of fuel operations 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.