This property operated as a vehicle fueling facility, with underground storage tanks decommissioned in January 2024 — at which point petroleum contamination was discovered in soil and groundwater, including free product (LNAPL) indicating significant migration beyond the source area. The presence of leaded gasoline among the contaminants confirms fueling operations that predate the mid-1980s phaseout of leaded fuel. The site carries Unassigned status with Oregon DEQ, no No Further Action determination has been issued, and the free product in groundwater requires remediation that has not yet commenced. 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 contamination at this property — including leaded gasoline, confirming fueling operations that predate the mid-1980s phaseout — originated from underground storage tanks that were active well before 1986 and not decommissioned until January 2024, when significant soil and groundwater contamination was discovered. The investigation, free product recovery, and groundwater remediation costs this property still faces under Oregon DEQ oversight 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.