This gas station property in Lane County is a confirmed Leaking Underground Storage Tank site, with petroleum contamination identified in both soil and groundwater following a release discovered in September 2016. Oregon DEQ has assigned the site for active oversight, and a Cost Recovery Agreement has been in place since June 2018, establishing an ongoing financial obligation for investigation and remediation. The site remains in the Site Assessment stage, with delineation and cleanup work still 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.
Underground storage tanks at this gas station property were installed and operated decades before 1986, with petroleum contamination in soil and groundwater confirmed following a release discovered in September 2016. The site assessment, delineation, remediation, and long-term monitoring work ahead — directed under Oregon DEQ's active oversight and secured by the Cost Recovery Agreement in place since June 2018 — represent ongoing 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.