This property has a documented history as a farm and agricultural operation 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.
An unregulated underground storage tank was discovered on this 42.84-acre agricultural property in Benton County during decommissioning activities in February 2021, with gasoline contamination confirmed in both soil and groundwater. Oregon DEQ assigned the site for active oversight and executed a Cost Recovery Agreement in March 2021 establishing the property owner's financial obligation for investigation and remediation. No No Further Action determination has been issued, and the site remains under active DEQ project management with cleanup work ahead. 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 unregulated tank's construction characteristics and rural agricultural setting on this Benton County property indicate it was installed and in service before 1986, with gasoline contamination of soil and groundwater confirmed when the tank was discovered during decommissioning in February 2021. The investigation, remediation, and groundwater monitoring work ahead under Oregon DEQ's active oversight — including all obligations required to reach site closure — represent substantial future costs that pre-1986 carriers whose policies were in effect when the tank was 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.