This property operated as a gas station with an underground storage tank that was discovered leaking during decommissioning in 1989, with the tank's installation predating 1986 and suggesting a prolonged period of historical releases. Gasoline contamination has been confirmed in both soil and groundwater, and no No Further Action determination has been issued by Oregon DEQ. A Cost Recovery Agreement has been in place since 2015, a responsible party remains under agreement or order with the state, and the site was last updated in the DEQ system as recently as March 2026. 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 tank at this property was installed and operated well before 1986, with gasoline releases likely occurring over a prolonged period until the tank was discovered leaking during decommissioning in 1989. With no No Further Action determination issued by Oregon DEQ, an active Cost Recovery Agreement in place since 2015, and gasoline contamination confirmed in both soil and groundwater, the investigation, remediation, and ongoing compliance work ahead at this property represent future cleanup costs 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.
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.