This gas station property in Marion County experienced a petroleum release discovered in June 2023, attributed to corrosion of an underground storage tank that had been in place for an extended period. Soil and groundwater contamination have been confirmed at the site. Oregon DEQ assigned the project and entered into a Cost Recovery Agreement in September 2023, and the site remains in the Site Assessment stage with no No Further Action determination issued. DEQ oversight continues, with the most recent update recorded in June 2025. 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 underground storage tank corrosion that caused this release reflects long-standing fueling operations at the property that were underway well before 1986. The ongoing site assessment, anticipated remediation, and future monitoring work directed by Oregon DEQ under the Cost Recovery Agreement represent significant costs going forward 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.