Biggs Auto Truck Stop in Sherman County experienced a release from piping discovered in January 1997, resulting in diesel motor fuel contamination in soil and groundwater, with free product confirmed. Oregon DEQ assigned the site as an active cleanup project, and a responsible party is under agreement or order to address the contamination. Despite cleanup efforts beginning in January 1997, the site remains open and assigned nearly three decades later, indicating that investigation and remediation work is still incomplete. 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.
As a highway truck stop, this facility's fueling operations predate 1986, and the diesel contamination discovered in January 1997 from leaking piping is consistent with long-term operational releases during that earlier era. With the site still open under Oregon DEQ oversight after nearly three decades, the investigation, remediation, and monitoring work that remains ahead represents substantial future costs 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.