This property has a documented history as a gasoline service station going back to 1957. 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 service station from 1957 to 1989, with underground storage tanks removed in 1992 after more than three decades of fueling operations. Groundwater sampling has confirmed BTEX compounds and naphthalene exceeding risk-based concentrations at multiple locations, including offsite migration into NW 29th Street. Oregon DEQ has the site under active oversight as an assigned Risk-Based Corrective Action project with a Cost Recovery Agreement executed in 2022, and no No Further Action determination has been issued as the site remains in the assessment phase with offsite delineation still required. 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 service station operations that began in 1957 and continued for nearly three decades before 1986, with underground storage tanks remaining in use until their removal in 1992. The ongoing assessment, offsite groundwater delineation, and future remediation work directed under Oregon DEQ's Cost Recovery Agreement represent substantial costs this property still faces, and pre-1986 carriers whose policies were in effect during those operational years may be obligated to fund that work 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.