This trucking facility in Linn County has confirmed petroleum contamination in both soil and groundwater, attributed to aboveground storage tank operations associated with long-standing fuel storage at the property. Oregon DEQ records identify a responsible party under agreement or order, but the site remains unassigned with no investigation, remediation, or No Further Action determination on record. The contamination has not been delineated, and the full scope of required cleanup work has yet to be determined. 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 from fuel storage operations at this trucking facility is rooted in decades of industrial use that predate 1986. The investigation, delineation, and remediation costs this property still faces — none of which have yet been undertaken — are precisely the type of future obligations 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.