Damerow Ford Service Center is a car dealership property in Washington County where a waste oil underground storage tank release was discovered in November 1990 during tank decommissioning, with petroleum contamination confirmed in both soil and groundwater. Oregon DEQ has designated the site for Risk-Based Corrective Action, and a Cost Recovery Agreement executed in January 2020 establishes an active financial obligation and ongoing DEQ oversight. The project status remains Assigned with no No Further Action determination issued, and the investigation and remediation work required to address the contamination lies 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 waste oil underground storage tank at this long-standing Ford dealership service center operated well before 1986, with petroleum contamination in soil and groundwater discovered during tank decommissioning in November 1990. The investigation, remediation, and monitoring work ahead under Oregon DEQ's Cost Recovery Agreement represents precisely the type of future costs that historical pre-1986 carriers 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.