This property housed a regulated underground storage tank that was discovered leaking waste oil and petroleum distillates during decommissioning in January 2000, with confirmed contamination in both soil and groundwater — the plume sits less than half a mile from a domestic or community well with a shallow aquifer depth of under 20 feet. Oregon DEQ assigned the site for active project management, and a Cost Recovery Agreement was executed in November 2023 establishing ongoing financial obligations for investigation and remediation. The site remains open under DEQ oversight with no closure determination issued, indicating that cleanup work is not yet complete. 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 leaking underground storage tank at this property likely operated for years before its decommissioning in January 2000, placing the origin of contamination in the decades before 1986. The ongoing investigation and remediation directed by Oregon DEQ — supported by an active Cost Recovery Agreement and the proximity of the groundwater plume to nearby drinking water sources — represents substantial work ahead 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.