This former Mobil service station in Multnomah County has confirmed diesel and gasoline contamination in both soil and groundwater, with a leaking underground storage tank release received by Oregon DEQ in February 2000. The site entered a Risk-based Corrective Action process and remains in the site assessment phase, with no No Further Action determination or closure on record. A responsible party has been identified under agreement or order with Oregon DEQ, and the site carries an Unassigned project status with cleanup work still ahead. 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.
Petroleum contamination from underground storage tanks at this former service station typically originated years or decades before the leak was reported to Oregon DEQ in February 2000, placing the likely onset of contamination well before 1986. The ongoing site assessment, investigation, and remediation costs this property still faces — with no closure on record more than twenty-six years after the initial release — are future obligations that historical pre-1986 carriers whose policies were in effect during the station's operating years 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.