Star Wood Products Inc. is an industrial facility in Lane County where a regulated heating oil underground storage tank was decommissioned in April 2022, revealing petroleum contamination in both soil and groundwater. Oregon DEQ assigned the case for active oversight, and a Cost Recovery Agreement was executed on April 1, 2024, establishing the responsible party's obligations. The site remains in an early investigation and cleanup phase with no No Further Action determination issued, and groundwater and soil remediation work lies ahead under DEQ direction. 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 UST at this industrial property may have been in service for decades before its April 2022 decommissioning, placing the origin of petroleum contamination in soil and groundwater well before 1986. The investigation, remediation, and groundwater monitoring work ahead under Oregon DEQ's active oversight — formalized through the 2024 Cost Recovery Agreement — represent substantial future obligations that historical pre-1986 carriers whose policies were in effect during tank operations 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.