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 ongoing and future cleanup under Oregon DEQ oversight.
This property operated as a gas station with underground storage tanks that released leaded gasoline into soil and groundwater — a contaminant largely phased out by the mid-1980s, placing the origin of contamination squarely in the pre-1986 era. Groundwater sampling has confirmed petroleum hydrocarbons (TPH-gasoline) and other compounds above risk-based concentrations, and lead has been detected in soil along the eastern property boundary. Oregon DEQ has assigned the site for active assessment under a Cost Recovery Agreement executed in 2016, with a project manager overseeing ongoing investigation, and no No Further Action determination has been 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.
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 contamination at this property originated with leaded gasoline releases from underground storage tanks during operations that preceded the mid-1980s phaseout of leaded fuel, placing the source of contamination in the pre-1986 era. With the site still in the assessment stage under active Oregon DEQ oversight and a Cost Recovery Agreement in place since 2016, the investigation, delineation, and remediation work ahead represents a substantial ongoing and future cost obligation that pre-1986 carriers whose policies were in effect when these tanks were in service may be obligated 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.
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.