This gas station property operated as an Exxon fueling station in Marion County, with a release from regulated underground storage tanks discovered in January 1991. Soil and groundwater contamination — including waste oil, gasoline constituents, naphthalene, VOCs, and chlorinated solvents — has been confirmed, with the groundwater plume located less than half a mile from domestic and community wells. Cleanup began shortly after the release was discovered but remains incomplete, and Oregon DEQ has maintained the site under a Cost Recovery Agreement executed in December 2022, with the responsible party under active agreement and the site still open under On Hold status as of early 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 tanks at this Marion County property were part of a commercial fueling operation active before 1986, with a release discovered in January 1991 confirming soil and groundwater contamination from those earlier years of service. With remediation still incomplete, a groundwater plume less than half a mile from domestic and community wells, and an active Cost Recovery Agreement with Oregon DEQ, the ongoing investigation, cleanup, and monitoring costs this property still faces may fall to historical carriers that insured operators during the pre-1986 period.
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.