This property operated as an auto and fueling facility with underground storage tanks that released leaded gasoline, diesel fuel, and related petroleum products into the subsurface. The presence of leaded gasoline — phased out for road use by the mid-1980s — confirms that the tanks were installed and dispensing fuel well before 1986. Oregon DEQ discovered the release in 1995 and the site remains an active assigned cleanup project, with confirmed contamination in soil, groundwater, and soil vapor, as well as free product present in the subsurface. 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 fueling operations that contaminated this property — including the dispensing of leaded gasoline and diesel fuel from underground storage tanks — were underway well before 1986, as confirmed by the presence of leaded gasoline, which was phased out for road use by the mid-1980s. With confirmed contamination in soil, groundwater, and soil vapor, as well as free product still present in the subsurface, the investigation, remediation, and monitoring work ahead under this active Oregon DEQ cleanup project represents substantial costs that 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.