This former Texaco gas station in Lincoln County operated with underground storage tanks that were decommissioned in August 1997, when releases of gasoline constituents and chlorinated solvents were discovered. Contamination has migrated into groundwater — with the aquifer less than 20 feet below the surface — and active vapor intrusion is affecting indoor air and soil gas, with Oregon DEQ confirming that contaminants of concern are highly toxic and highly mobile. The property is now a vacant Brownfield lot with on-going investigations into releases from fuel USTs and a waste oil UST, supported by EPA IIJA funding and under active DEQ project oversight. 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.
Fuel storage tank operations at this property were in place for decades before 1986, with underground storage tanks not decommissioned until August 1997, when releases of gasoline constituents and chlorinated solvents were discovered. With vapor intrusion actively affecting indoor air, contamination migrating through shallow groundwater, and investigation work still underway to delineate the full extent of soil gas and groundwater impacts, the substantial ongoing and future costs for continued investigation, remediation, and long-term monitoring that lie ahead are ones 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.