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 ongoing and future cleanup under Oregon DEQ oversight.
This gas station property in Josephine County housed an underground storage tank that was decommissioned in 1990, at which point gasoline contamination was discovered in both soil and groundwater — consistent with a tank installed decades earlier, likely during the 1960s or 1970s. Oregon DEQ has designated H&S Stations, LLC as the responsible party under active enforcement, and a Cost Recovery Agreement was executed in May 2025 establishing the financial obligations ahead. No No Further Action determination or closure documents have been issued, and the site remains in the early stages of investigation and remediation 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.
The gasoline contamination at this property originated from an underground storage tank likely installed in the 1960s or 1970s and in continuous service well before 1986, with contamination discovered in soil and groundwater when the tank was decommissioned in 1990. With a Cost Recovery Agreement executed in May 2025 and the site under active Oregon DEQ enforcement, the investigation, remediation, and long-term monitoring costs ahead represent a substantial ongoing and future obligation that historical pre-1986 carriers whose policies were in effect during the tank's operational years 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.