This auto body and paint property in Yamhill County has confirmed soil and groundwater contamination from diesel motor fuel and gasoline associated with a regulated underground storage tank. Oregon DEQ assigned the site for oversight following a release discovery in March 2023 and executed a Cost Recovery Agreement with the responsible party in April 2023. The site is currently in the Site Assessment phase, with laboratory work assigned to the responsible party and no cleanup yet commenced. 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.
Underground storage tanks at auto body and paint operations like this Yamhill County property were commonly installed and in service well before 1986, placing the origin of diesel and gasoline contamination from the regulated UST in the pre-1986 period. The site assessment and investigation now underway through Oregon DEQ oversight, along with the remediation and long-term monitoring this property still faces, represent substantial costs that 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.