This bulk petroleum storage facility operated with a loading rack and pump islands at 1890 S Pacific Hwy in Jackson County, with gasoline contamination in soil discovered in March 1993 during remodeling of existing infrastructure. Oregon DEQ issued a narrow No Further Action determination in December 1997 that applied only to petroleum releases around the former loading rack and pump island — explicitly excluding any other site conditions. The DEQ database now flags impacted groundwater, indoor air, and soil gas in addition to soil contamination, and the site remains in Suspect status with no resolution of underground storage tank compliance or the broader contamination profile. 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 bulk petroleum storage operations at this property, including the loading rack and pump island, were in place well before the March 1993 contamination discovery, with that longstanding infrastructure consistent with a pre-1986 origin for the site's gasoline contamination. The investigation and remediation costs this property still faces — addressing groundwater, indoor air, and soil gas contamination that the 1997 No Further Action determination never covered, along with outstanding underground storage tank compliance — are precisely the type of 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.