This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the cleanup that lies ahead.
Two underground storage tanks and a hydraulic tank were discovered buried at this Douglas County property during construction activities in November 2015, indicating long-abandoned fuel infrastructure. Groundwater sampling confirmed petroleum hydrocarbons (TPH-G), benzene, and naphthalene at concentrations exceeding risk-based concentrations near the northeast corner of the property, and three monitoring wells installed in June 2017 confirmed groundwater contamination and potential offsite migration. Oregon DEQ filed a Cost Recovery Agreement in January 2018, and the site remains unassigned 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 buried, forgotten tanks discovered at this Douglas County property in November 2015 point to fuel-handling operations that were active well before 1986. With groundwater contamination confirmed above risk-based concentrations and a Cost Recovery Agreement already filed by Oregon DEQ, the investigation, delineation, remediation, and monitoring costs this property still faces may be obligations that fall to historical pre-1986 carriers whose policies were in effect during the period those tanks were in service.
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.