This gas station property experienced a release from underground storage tank piping, discovered in December 1998, with gasoline contamination confirmed in both soil and groundwater. The site is classified under Oregon DEQ's Risk-based Corrective Action program and remains on hold — no No Further Action determination has been issued. A Cost Recovery Agreement filed with Oregon DEQ in May 2025 establishes an active financial obligation and confirms that investigation and remediation work lies ahead. 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 petroleum release at this property originated from underground storage tank piping that was in operation before 1986, with gasoline contamination in soil and groundwater first discovered in December 1998. With the site still under Oregon DEQ's Risk-based Corrective Action program and a Cost Recovery Agreement now in effect, pre-1986 carriers that insured operators of this facility may be obligated to fund the investigation, remediation, and monitoring costs this property still faces.
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.