This rural property has operated as a general store and gas station since the early 1900s, with underground storage tanks in service for decades before a petroleum release was reported to Oregon DEQ in September 1991. Groundwater contamination persists at the site, and 1,2-dichloroethane (EDC) has been detected above DEQ risk-based concentrations in two drinking water wells — prompting the replacement of two domestic wells in 2010. Oregon DEQ declared the property an Orphan Site in January 2008, and a Prospective Purchaser Agreement executed in 2014 grants DEQ continued access for remedial actions, with ongoing groundwater and vapor monitoring funded through Oregon's Orphan Site Program. 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 underground storage tank operations at this general store and gas station dating back to the early 1900s, with fueling activities that ran for decades before 1986. With petroleum contamination still present in groundwater, drinking water wells impacted by 1,2-dichloroethane, and seven wells within a 250-foot radius, the investigation, remediation, and ongoing groundwater and vapor monitoring costs ahead remain substantial — and pre-1986 carriers that insured operators of this property during those early decades of fueling operations may be obligated to fund that future cleanup work.
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.