This property has operated as a truck stop and service station since the 1960s, with petroleum contamination resulting from decades of fueling operations involving aboveground storage tanks and fuel dispensing islands. Soil and groundwater contamination remains in the Oregon DOT right-of-way at levels that do not meet risk-based concentration goals, and two on-site domestic wells draw potable water from the affected aquifer. Oregon DEQ issued a notice of noncompliance in 2004 and signed a Consent Order in May 2006 requiring investigation of petroleum impacts, but that investigation stalled in 2008 and was never finalized. 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 petroleum contamination at this property originated from truck stop and service station fueling operations that have run since the 1960s — decades before 1986. With investigation under Oregon DEQ's 2006 Consent Order stalled since 2008 and never finalized, contamination still exceeding risk-based goals in soil and groundwater, and renewed DEQ attention as of early 2026, the investigation, remediation, and long-term monitoring costs this property still faces represent a substantial ongoing and future obligation 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.