This commercial fueling facility was identified as a leaking underground storage tank (LUST) site when tanks were decommissioned in December 2002, with diesel motor fuel, gasoline, and BTEX confirmed in both soil and groundwater. The depth to the aquifer is less than 20 feet, and both vapor intrusion and human exposure have been identified as potential site concerns. Oregon DEQ executed a Cost Recovery Agreement in February 2025 establishing active financial obligations for the responsible party, and the site remains under assigned DEQ oversight with investigation and remediation work ahead. 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 petroleum contamination at this property originated from underground storage tank operations at the fueling facility that were underway before 1986, with the tank infrastructure remaining in use until decommissioning in December 2002. The investigation, remediation, and monitoring work ahead under the 2025 Cost Recovery Agreement with Oregon DEQ represents ongoing and future costs this property still faces 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.