This property in Marion County operated as a fueling site before its conversion to a bank building, with regulated underground storage tanks containing diesel motor fuel and unleaded gasoline. A release was discovered in February 2021, confirming contamination in groundwater, soil gas, and vapors, with vapor intrusion identified as a possible concern. Oregon DEQ assigned the site for oversight and entered into a Cost Recovery Agreement in May 2022, and the property remains in the site assessment phase under the direction of DEQ project manager Erica Toledo. 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 contamination at this property originated from fueling operations conducted before 1986, when underground storage tanks containing diesel motor fuel and unleaded gasoline were in use at the site. With the site still in the assessment phase under Oregon DEQ oversight and no closure determination issued, the investigation, remediation, and monitoring costs ahead — including groundwater delineation and potential vapor intrusion mitigation — represent ongoing and future obligations that pre-1986 carriers whose policies were in effect during the fueling operations 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.