This cardlock fueling station in Polk County is a leaking underground storage tank (LUST) site where petroleum contamination — gasoline and volatile organic compounds — has been confirmed in both soil and groundwater, with vapor intrusion identified as a possible concern. Oregon DEQ designated the site for Risk-based Corrective Action following a release discovered in November 2021, and a Cost Recovery Agreement was executed in August 2022 establishing the financial framework for investigation and remediation. The site is currently in the Site Assessment phase under active DEQ oversight, with significant characterization and 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.
The petroleum contamination at this property originates from underground storage tank operations at a cardlock fueling facility — a use category with typically long operational histories that may well predate 1986. The site assessment, remediation, and long-term monitoring of petroleum and volatile organic compound contamination in soil and groundwater — including evaluation of potential vapor intrusion — represent ongoing and future costs under the Cost Recovery Agreement that historical 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.