This gas station property in Lincoln County operated as a Chevron fueling facility with underground storage tanks that were decommissioned in 2021, with the decommissioning process revealing petroleum contamination in both soil and groundwater at a site where the aquifer sits less than 20 feet below grade. Oregon DEQ assigned the site for cleanup in mid-2021 under a Cost Recovery Agreement, and the property is classified as a Risk-Based Corrective Action site with no No Further Action determination issued. Investigation and remediation remain ongoing under active DEQ oversight, with the site record updated as recently as August 2025. 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 — diesel, gasoline, VOCs, BTEX, and naphthalene in soil and groundwater — originated from underground storage tank operations consistent with decades of fueling activity well before 1986, with contamination confirmed when the tanks were decommissioned in 2021. The ongoing investigation, remediation, and monitoring work ahead under Oregon DEQ's active oversight — including obligations under the site's Cost Recovery Agreement and Risk-Based Corrective Action requirements, with no No Further Action determination yet issued — represent substantial current and future costs that historical 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.
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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.