This former gasoline fueling station in Marion County was demolished in 2015, with a 10,000-gallon underground storage tank removed during decommissioning. Soil contamination with elevated TPH-G and volatile organic compounds has been confirmed, and groundwater sampling revealed benzene and ethylbenzene concentrations exceeding Oregon DEQ's 2025 risk-based screening levels for occupational ingestion and commercial vapor intrusion. Oregon DEQ has assigned the site under a Cost Recovery Agreement executed in August 2022 and has directed additional assessment to evaluate the full nature and extent of groundwater contamination, which remains undelineated. 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 fueling operations that may have spanned decades before the station's 2015 closure, placing much of the contaminating activity in the years before 1986. The ongoing investigation and future remediation directed by Oregon DEQ — including full groundwater delineation and cleanup of benzene and ethylbenzene in groundwater and petroleum hydrocarbons in soil — represent substantial cost obligations this property still faces 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.