This agricultural property in Lane County contained an unregulated underground storage tank that released gasoline into soil and groundwater, with the release discovered in March 2025. Groundwater contamination has been confirmed at a site where the aquifer sits less than 20 feet below grade. Oregon DEQ executed a Cost Recovery Agreement within days of the release report, and the site remains on hold at the site assessment stage with no further investigation or remediation documents on file. 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 unregulated underground storage tank at this property is consistent with infrastructure installed and operated before 1986, when the gasoline contamination now confirmed in soil and groundwater originated. The site assessment, investigation, remediation, and ongoing monitoring costs this property still faces — driven by an active Cost Recovery Agreement with Oregon DEQ and an aquifer less than twenty feet below grade — are 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.