This property in Marion County operated as a gasoline fueling site with a regulated underground storage tank. A release of gasoline from the UST was discovered on May 4, 2015, with contamination confirmed in both soil and groundwater. The site is classified under Oregon DEQ's Risk-Based Corrective Action program, the responsible party is under agreement or order with DEQ, and no No Further Action determination has been issued — indicating that assessment and corrective action work remains 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 leaking underground storage tank at this property may have been releasing gasoline into soil and groundwater for years or decades before its discovery in 2015, with fueling operations at the site potentially dating back well before 1986. The investigation, corrective action, and groundwater monitoring work that this property still faces under Oregon DEQ's Risk-Based Corrective Action program are costs 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.