This property operated as a logging company with regulated underground storage tanks used for gasoline storage. A UST piping leak was reported in November 1993, and subsequent investigation confirmed contamination across multiple media — soil, groundwater, surface water, and soil vapor — with free product also detected. The site is currently in the site assessment phase under Oregon DEQ's Risk-Based Corrective Action program, carries Brownfield designation, and no closure or No Further Action determination has been 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 underground storage tanks at this logging property stored gasoline in operations likely predating 1986, and a piping leak reported in November 1993 confirmed contamination of soil, groundwater, surface water, and soil vapor, with free product also detected. The site assessment currently underway and the remediation and long-term monitoring work ahead under Oregon DEQ's RBCA program represent substantial future costs that historical 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.