McKenzie Gateway Service is a gas station property in Lane County where regulated underground storage tanks were decommissioned in July 1991, with the 25-year tank lifecycle indicating installation and fueling operations dating to the 1960s or 1970s. Petroleum contamination from gasoline has been confirmed in both soil and groundwater at the site. The site remains open in Oregon DEQ's system with no No Further Action determination or closure, a responsible party is under agreement or order with DEQ, and no remediation completion documents exist. 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 installed in the mid-1960s and operated continuously through their decommissioning in 1991, placing decades of fueling operations in the years before 1986. With the site still open in Oregon DEQ's system, no No Further Action determination issued, and petroleum contamination from gasoline confirmed in both soil and groundwater, the investigation, remediation, and ongoing compliance costs this property still faces represent 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.