This fueling facility in Yamhill County has operated since approximately 1957, with petroleum contamination from underground storage tanks first reported to Oregon DEQ in 1988. Subsequent investigation revealed severe groundwater impacts — benzene concentrations exceeding 20,000 parts per billion in shallow groundwater and free product discharging into the North Yamhill River via stormwater catch basins. Oregon DEQ directed the owners to complete on-site and off-site investigation, and while time-critical removal actions and off-site delineation were performed in 2009, the nature and extent of contamination remains only partially characterized and the site continues under active DEQ oversight with no No Further Action determination 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.
Petroleum contamination at this property originated from underground storage tank operations at this fueling facility that began in approximately 1957 — nearly three decades before 1986. With site characterization still incomplete under active Oregon DEQ oversight, and groundwater remediation, off-site delineation, and long-term monitoring work ahead, the ongoing and future cleanup costs represent precisely the type of obligations those historical pre-1986 carriers may be required 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.