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.
This former fuel-dispensing market in Tillamook County operated underground storage tanks that were decommissioned in June 1995, including an inactive 500-gallon tank and a previously unknown 500-gallon tank found with holes. Petroleum contamination spread to multiple media — monitoring wells showed high levels of groundwater contamination, a residential well across the highway tested at 576 parts per billion of benzene (115 times the federal drinking water standard), and gasoline was detected in a groundwater seep discharging to the Wilson River. Two neighboring residential wells required activated carbon filtration systems. Although the tanks were removed, contaminated soil was explicitly not excavated, no No Further Action determination has been issued, and the site remains listed on the Oregon Confirmed Release List. 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 contamination at this property originated from underground storage tank operations at this former fuel-dispensing market that were active for decades before 1986 and continued until the tanks were decommissioned in June 1995. With no site closure issued by Oregon DEQ, contaminated soil left unexcavated, and no final determination that groundwater and residential drinking water impacts have been resolved, the investigation and remediation costs this property still faces — including potential soil excavation, ongoing groundwater monitoring, and continued residential well protection — are precisely the type of future 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.