This property in Marion County operated as a gas station under the name Roberson Motors, with underground storage tanks that released petroleum contamination into soil and groundwater — including free product confirmed by Oregon DEQ's Leaking Underground Storage Tank program. The release was reported to DEQ on April 4, 1991, and cleanup under the Risk-Based Corrective Action program began in March 1992, but the site remains an active assigned project with no No Further Action determination or closure on record. A Cost Recovery Agreement executed in September 2012 confirms ongoing financial obligations, and the responsible party remains under agreement or order with Oregon DEQ as recently as August 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 operations responsible for petroleum contamination at this property were conducted well before the release was reported to Oregon DEQ in 1991, placing the origin of contamination in the pre-1986 era. With groundwater contamination and free product still present and no closure determination on record after more than three decades of oversight, the investigation, remediation, and monitoring work ahead under Oregon DEQ direction represents substantial costs that pre-1986 CGL carriers whose policies were in effect during those tank 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.
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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.