This municipal property operated as a fueling site with underground storage tanks that were discovered leaking due to corrosion during decommissioning in 1988 — a failure mode that strongly implies the tanks had been in service well before 1986. Gasoline and BTEX contamination has been confirmed in both soil and groundwater. Oregon DEQ has the site assigned as an active cleanup project, a Cost Recovery Agreement was executed in 2022, and no No Further Action determination has been issued, leaving investigation and remediation obligations outstanding. 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 underground storage tanks at this property were in service for years before 1986, as confirmed by the corrosion-driven failures discovered during decommissioning in 1988. Under Oregon DEQ's active oversight and the 2022 Cost Recovery Agreement, the outstanding investigation, remediation, and monitoring obligations represent substantial 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.