A residential heating oil tank at this Lane County property was decommissioned in July 2001, and the removal process revealed petroleum contamination in soil, surface water, and vapors. The site remains unassigned under Oregon DEQ's cleanup program, with no No Further Action determination issued and no evidence that full remediation has been completed beyond the initial tank removal. 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 heating oil tank at this property may have been in service for decades before its decommissioning in July 2001, with operations likely extending well before 1986. The investigation and remediation costs this property still faces — addressing petroleum impacts to soil, surface water, and vapors under Oregon DEQ's cleanup program — are precisely the type of future obligations that historical pre-1986 carriers may be obligated to fund.
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.