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.
Jenkins Market in Josephine County operated as a fueling location with underground storage tanks that were decommissioned in August 2024, at which time a release was discovered impacting both soil and groundwater. The contamination plume sits less than half a mile from domestic or community wells, with the aquifer at less than twenty feet below the surface. The site remains unassigned within Oregon DEQ's cleanup program with no agreement or order in place, and groundwater investigation and remediation obligations have yet to be addressed. 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 underground storage tanks at this property may have been in service for decades before their 2024 decommissioning, with fueling operations likely spanning well into the period before 1986. The groundwater investigation, remediation, and monitoring costs this property still faces — particularly given the confirmed soil and groundwater impacts and the proximity of the contamination plume to nearby domestic wells — are precisely the type of future cleanup 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.