This gas station property operated as Caputo Shell Service and later Ladd's Chevron, with underground storage tanks likely installed in the late 1960s to early 1970s and decommissioned in 1992 when a release was discovered. Diesel and gasoline contamination has been confirmed in soil and groundwater, with free product and soil gas impacts also documented. Oregon DEQ assigned the site for cleanup oversight and a Cost Recovery Agreement has been in place since 2001, but remediation has stalled and no No Further Action determination has been issued. 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.
Underground storage tanks at this property were installed in the late 1960s to early 1970s and operated through their decommissioning in 1992, placing roughly two decades of gas station fueling operations in the period before 1986. With cleanup stalled under an active Oregon DEQ Cost Recovery Agreement and no No Further Action determination yet issued, the investigation, remediation, and long-term monitoring work still required to reach regulatory closure represents substantial ongoing and future costs that pre-1986 carriers 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.