This industrial property operated as a truck maintenance terminal beginning in 1963, with four underground storage tanks holding diesel, gasoline, waste oil, and motor oil in service for nearly three decades before their removal in 1992. Chlorinated solvents and petroleum-based volatile organic compounds have been confirmed in groundwater across the site, with the highest chlorinated VOC concentrations detected along the western property boundary. Oregon DEQ's 1992 No Further Action determination addressed only the UST removal itself — the broader groundwater contamination was never resolved. DEQ recommended full groundwater characterization, source determination, and risk assessment in 1997, but the property owner terminated its Voluntary Cleanup Program participation that same year without completing the work. 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.
Truck maintenance operations and underground storage tanks at this property were in continuous use from 1963 through 1992, with more than two decades of contaminating activity occurring before 1986. With the site's groundwater contamination still uncharacterized and unremediated, the investigation, source determination, risk assessment, and remediation costs this property still faces remain entirely ahead, and historical pre-1986 carriers whose policies were in effect during those operational years may be obligated to fund them.
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.