Wamic Market & Supply is a rural fueling site in Wasco County where a release of unleaded gasoline from an unregulated underground storage tank was discovered in April 2023, with confirmed contamination in both soil and groundwater. The tank's unregulated classification indicates it may predate federal UST regulations, though specific installation dates are not documented. Oregon DEQ has assigned the site for oversight, and no investigation or remediation work has been completed — the project remains in early stages with no No Further Action determination 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.
The unregulated status of the underground storage tank at this property suggests it may have been installed and in operation before 1986, placing the origin of the unleaded gasoline contamination — discovered in April 2023 and confirmed in both soil and groundwater — within that earlier period. The investigation, remediation, and groundwater monitoring costs that lie ahead under Oregon DEQ's assigned oversight represent a substantial future obligation, and pre-1986 carriers may be obligated to fund those cleanup efforts 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.