This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
Petroleum contamination was discovered beneath this property in early 1989 when ODOT and Pacific Northwest Bell trenching uncovered oily scum floating on groundwater, with contamination extending beyond the highway right-of-way. No further remediation or site characterization has occurred since Burgerville opened on the property in 1989, and no No Further Action determination has been issued. Oregon DEQ has recommended confirmatory sampling under low priority, and petroleum contamination may remain beneath the site. 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 beneath this property was discovered in early 1989 but may have originated from earlier fueling operations predating 1986, a possibility that remains unresolved because no further site characterization has been conducted since the initial discovery. The confirmatory sampling Oregon DEQ has recommended and any remediation this property still faces are future cost obligations 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
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.