This 1.5-acre commercial cardlock fuel facility operated by Truax Oil experienced a confirmed release discovered in 1992, with unregulated underground storage tanks identified as the contamination source. Groundwater contamination — including diesel, MTBE, gasoline, BTEX, and chlorinated solvents — has been confirmed, with domestic and community drinking water wells impacted and vapor intrusion concerns documented. Oregon DEQ has assigned the site for Risk-based Corrective Action under project manager oversight, with the responsible party under agreement or order, and no closure or No Further Action determination has been 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.
The unregulated underground storage tanks at this commercial cardlock fuel facility were operating well before 1986, with the resulting groundwater contamination — diesel, gasoline, and chlorinated solvents affecting drinking water wells — first confirmed through a release discovered in 1992. The ongoing investigation, remediation, and monitoring directed by Oregon DEQ under its Risk-based Corrective Action program, including work to address vapor intrusion concerns before the site can reach regulatory closure, represent costs going forward that 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.