This former gas station in Lane County released petroleum contamination that has impacted groundwater, drinking water, indoor air, and soil vapor, with free product confirmed on site. Underground storage tanks were removed in 1999 following the discovery of the release in 1998, but contamination migrated off-site — a downgradient residential well was impacted in 2010 and required abandonment and replacement by Oregon DEQ. Institutional controls including an easement and equitable servitude restricting land and groundwater use have been in place since 2013, yet the site remains open and actively managed under Assigned status, flagged as a High Priority Enforcement Site with its most recent DEQ update in January 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 petroleum contamination at this property originated from underground storage tank operations at a gas station that operated well before 1986, with the release discovered in 1998 and the tanks removed in 1999. The work ahead — maintaining institutional controls restricting land and groundwater use, addressing vapor intrusion to indoor air, remediating free product and off-site groundwater contamination, and protecting nearby drinking water supplies under Oregon DEQ's continued oversight as a High Priority Enforcement Site — represents substantial ongoing and future costs that pre-1986 CGL carriers whose policies were in effect during the tank operations 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.
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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.