This gas station property reported a petroleum release in 1986, with cleanup efforts initiated in 1992 involving regulated underground storage tanks. Investigations have confirmed contamination in soil, groundwater, and drinking water — notably, 1,2-dichloroethane (EDC) has been detected above EPA Maximum Contaminant Levels in an onsite domestic well serving approximately 500 people per day across multiple sampling events from 2003 to 2016. Oregon DEQ has assigned the site under a Cost Recovery Agreement executed in 2017, and semi-annual groundwater monitoring continues across seven shallow wells as the source and full extent of EDC contamination remain under active investigation. 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.
Gas station operations involving regulated underground storage tanks were conducted at this property before the petroleum release was first reported in 1986, placing the origin of contamination in the pre-1986 period. Substantial investigation and remediation work lies ahead — including identifying the source of 1,2-dichloroethane, delineating the full extent of groundwater and drinking-water contamination, and continuing semi-annual monitoring across seven wells under Oregon DEQ's Cost Recovery Agreement — and historical pre-1986 carriers may be obligated to fund those ongoing and future cleanup costs.
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.