This gas station property in Union County released petroleum contamination from aboveground storage tank piping, with both leaded and unleaded gasoline confirmed in soil and groundwater. The presence of leaded gasoline — phased out nationally by the mid-1980s — strongly indicates that fueling operations at this location were active well before 1986. Oregon DEQ classifies the site under Risk-Based Corrective Action with no No Further Action determination issued, and the responsible party remains under agreement or order with the agency. 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 confirmed presence of leaded gasoline in soil and groundwater at this property — a fuel grade phased out nationally by the mid-1980s — establishes that the contaminating fueling operations were active well before 1986. With the site still classified under Risk-Based Corrective Action by Oregon DEQ and no closure issued, the investigation and remediation costs this property still faces — including groundwater delineation and corrective action to satisfy the agency's requirements — are precisely the type of future obligations that pre-1986 CGL policies issued to operators here 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.