This property has a documented history as a gasoline service station going back to 1970. 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 served as a fueling facility for the Coos Bay School District, with a 5,000-gallon gasoline tank and a 10,000-gallon diesel tank installed in 1970 and operated for nearly five decades before decommissioning in 2018. Site investigation revealed severe groundwater contamination, with monitoring well MW-3-W recording gasoline concentrations of 210,000 ppb and diesel at 5,200 ppb. Oregon DEQ has the site under active oversight with a Cost Recovery Agreement executed in January 2022, and additional sampling conducted in 2023 confirms the investigation remains ongoing with no No Further Action determination 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 petroleum contamination at this property originated from underground storage tanks installed in 1970 and operated continuously for nearly five decades, placing the onset of fueling operations sixteen years before 1986. The ongoing site investigation, groundwater remediation, and long-term monitoring obligations directed under Oregon DEQ's Cost Recovery Agreement represent substantial current and future costs that historical pre-1986 carriers 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.