This gas station property in Josephine County has confirmed petroleum contamination in both soil and groundwater, initially reported through a 1991 underground storage tank overfill event. Oregon DEQ has designated a responsible party under agreement or order, and a Cost Recovery Agreement executed in May 2025 confirms an active financial obligation for site cleanup. The site is under DEQ oversight as an assigned project with investigation and remediation work still to be completed. 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.
Underground storage tanks at this gas station were likely installed well before 1986, and contamination from chronic tank leaks often predates the 1991 overfill event that triggered reporting, placing the origin of contamination within the facility's pre-1986 operations. The May 2025 Cost Recovery Agreement establishes a concrete ongoing obligation for investigation and remediation at this property, and historical carriers whose policies were in effect during the facility's early tank operations may be obligated to fund those cleanup costs 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.