This service center property operated underground storage tanks for fleet fueling with diesel and gasoline, with a release discovered in August 2011 during UST decommissioning attributed to overfill and dispenser failure. Petroleum contamination has been confirmed in both soil and groundwater, with the plume located less than half a mile from domestic wells and the aquifer at less than twenty feet below ground surface. Oregon DEQ initiated cleanup oversight in November 2011, a Cost Recovery Agreement was filed in September 2022, and the site remains in assigned status under active project management with remediation ongoing. 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.
PacifiCorp has operated in Oregon since the early 1900s, and fleet fueling infrastructure at service centers like this one—including the underground storage tanks whose release was discovered during decommissioning in August 2011—was characteristic of utility operations that long predated 1986. The ongoing remediation of petroleum-contaminated soil and groundwater, continued monitoring near domestic wells less than half a mile from the plume, and compliance obligations under the Cost Recovery Agreement filed in September 2022 represent substantial current and future costs that historical 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.