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 gas station property housed three large underground storage tanks — two 12,000-gallon and one 4,000-gallon — that were removed in November 1994 after a release was reported in 1990. Groundwater monitoring wells installed that year revealed benzene concentrations of 1,950 ppb and free product floating on the water table, with contaminant levels exceeding Oregon's Basic Numeric Groundwater Cleanup Levels. Oregon DEQ requested a corrective action plan in 1999, but as of a 2013 soil-gas assessment free product remained in site groundwater, and no No Further Action determination has been issued. 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 former gas station were in service well before 1986, with petroleum contamination first reported in 1990 and the tanks not removed until November 1994. With free product still present in site groundwater and no No Further Action determination from Oregon DEQ, the remaining investigation, remediation, and monitoring costs this property still faces are expenses that historical pre-1986 carriers for operators of this fueling station 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
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.