This petroleum distribution site operated underground storage tanks that were decommissioned in April 1991, with the tank lifecycle indicating installation well before 1986. During decommissioning, releases of diesel, MTBE, gasoline, and solvents were discovered, with contamination confirmed in both soil and groundwater. Oregon DEQ has designated the site for Risk-based Corrective Action, and a Cost Recovery Agreement was executed in April 2025, establishing an active enforcement obligation and confirming that investigation and remediation work remains 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 contamination at this property originated from petroleum storage operations that were in place well before 1986, with underground storage tanks operating for years before their decommissioning in April 1991. Oregon DEQ's designation of the site for Risk-based Corrective Action and the execution of a Cost Recovery Agreement in April 2025 confirm that substantial investigation and remediation costs lie ahead, and pre-1986 carriers whose policies were in effect during those operational years may be obligated to fund this cleanup work 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.