Toledo Chevron #31 is a gas station property in Lincoln County where petroleum contamination was discovered in soil and groundwater during underground storage tank decommissioning in May 2023. Oregon DEQ confirmed impacted groundwater with a depth to aquifer of less than 20 feet, and a Cost Recovery Agreement was filed in August 2023 establishing financial obligation for the cleanup. The site remains on hold in the Oregon DEQ regulatory system with no No Further Action determination issued. 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.
As a long-operating Chevron fueling station, this property's underground storage tanks may have been in service for decades before 1986, meaning its petroleum contamination likely originated well within that pre-1986 period. The investigation, remediation, and groundwater monitoring costs this property still faces — including obligations under the Cost Recovery Agreement filed with Oregon DEQ in 2023 and ongoing work to address confirmed soil and groundwater contamination at a site that has not yet received a No Further Action determination — are the type of future expenses 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.
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.