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 former fueling station operated from 1957 to 1994, originally under lease to Standard Oil Company, with underground storage tanks in place from the start of operations. A gasoline release was reported to Oregon DEQ in 1987, and 600 gallons of free product were removed that same year. Despite removal of 1,656 tons of contaminated soil during a 2022 Interim Remedial Action, contamination remains above risk-based concentrations — groundwater is impacted, vapor intrusion poses risks requiring engineering controls, and contaminant migration toward the Clatskanie River presents an ecological concern. Oregon DEQ recorded Easement and Equitable Servitudes in December 2024 restricting land and groundwater use, and active quarterly groundwater monitoring and bi-annual soil gas and ambient air monitoring continue under DEQ oversight. 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.
Petroleum contamination at this property originated from fueling operations and underground storage tanks that were in place as early as 1957 — nearly three decades before 1986. The work ahead — including ongoing quarterly groundwater monitoring, bi-annual soil gas and ambient air sampling, downgradient investigation to address contaminant migration toward the Clatskanie River, and further remedial actions Oregon DEQ is evaluating — represents substantial costs going forward 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
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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.