This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This property operated as a Union 76 gas station and bulk petroleum storage facility in Clatsop County, housing four 20,000-gallon aboveground storage tanks and four 10,000-gallon underground storage tanks over decades of operation. A 1985 investigation by Riedel Environmental Services confirmed free hydrocarbons seeping into groundwater and migrating to a creek along the west side of Highway 101, with the Necanicum River identified as a groundwater discharge area. Although contaminated soil was removed during highway construction, no confirmation sampling was performed, and Oregon DEQ's site assessment recommends further confirmatory sampling in portions of the former bulk plant that may still be accessible. 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.
Why Historical Insurance Policies May Be Accessible
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 storage tank operations that ran for decades, with a 1985 investigation confirming free hydrocarbons seeping into groundwater and migrating to a nearby creek — all well before 1986. The confirmatory sampling that Oregon DEQ recommends for accessible portions of the former bulk plant, along with any remediation that may be required given that no prior confirmation sampling validated the adequacy of earlier soil removal, represent future cost 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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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.