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 ongoing and future cleanup under Oregon DEQ oversight.

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 gas station are characteristic of infrastructure commonly installed and operated well before 1986, with the resulting contamination — impacting groundwater, surface water, soil gas, and indoor air — not discovered until a release was identified in May 2007. With free product and vapor intrusion still present and the site remaining in the assessment stage under Oregon DEQ's Risk-Based Corrective Action framework, the substantial investigation, remediation, and monitoring work ahead represents costs that historical pre-1986 carriers 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.