This gas station property in Nyssa housed an underground storage tank that was discovered leaking during decommissioning in April 2026, with corrosion identified as the cause of failure — indicating the tank had been in the ground for a significant period. Petroleum contamination has been confirmed in both soil and groundwater. The site entered Oregon DEQ's system as a new release in April 2026 with project status unassigned, and no investigation or remediation work has begun. 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 corrosion-related failure of this underground storage tank, discovered during decommissioning in April 2026, points to an operational history extending well before 1986. The site investigation, remediation, and groundwater monitoring costs that lie entirely ahead for this property 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.