This property has a documented history as a bulk fuel distribution terminal going back to 1966. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This bulk petroleum facility in Josephine County operated underground storage tanks that were installed as early as the mid-1960s and terminated in July 1991, with documented diesel pump and dispenser leaks beginning in 1987 and a gasoline piping leak around 1990–1991. Four separate-phase hydrocarbon plumes now underlie the property, free product has been confirmed in groundwater, and contaminated soils extend to neighboring properties to the east, west, and north — with a drinking water plume located less than half a mile from domestic and community wells. Oregon DEQ holds a Cost Recovery Agreement dating to 2002 and classifies the responsible party as under agreement or order, yet site investigation remains ongoing with no remediation completion documented. 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.
Underground storage tanks at this bulk petroleum facility were installed as early as the mid-1960s and operated through 1991, meaning decades of the contaminating operations that produced four separate-phase hydrocarbon plumes, free product in groundwater, and soil contamination extending onto neighboring properties took place before 1986. Historical carriers that insured the facility's operators during those pre-1986 years may be obligated to fund the substantial investigation and remediation costs this site still faces, including plume delineation, groundwater cleanup, and the long-term monitoring Oregon DEQ requires to protect domestic and community wells less than half a mile away.
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.