An unregulated underground storage tank at this gas station property was discovered during decommissioning in March 2025, with corrosion identified as the cause of the tank's failure. Petroleum contamination from gasoline has been confirmed in both soil and groundwater at the site. Oregon DEQ assigned the project and entered into a Cost Recovery Agreement with the responsible party in April 2025, and the cleanup remains in its early stages with no remediation work yet completed. 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 discovery of an unregulated underground storage tank during decommissioning in March 2025 — with corrosion identified as the cause of failure — combined with the tank's predating of modern UST registration requirements points to gasoline operations at this property extending well before 1986. The investigation, remediation, and groundwater monitoring costs this property still faces under Oregon DEQ's Cost Recovery Agreement represent ongoing and future obligations that historical pre-1986 carriers may be required 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.