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.
A release of unleaded gasoline was discovered at this gas station property in March 2021 during underground storage tank decommissioning, with petroleum contamination confirmed in groundwater and a plume identified within half a mile of a domestic or community well. Oregon DEQ executed a Cost Recovery Agreement with the responsible party in October 2023, establishing a financial obligation for site cleanup, and the project remains open under On Hold status with remediation work unresolved. 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 release at this property was identified during UST decommissioning in 2021, though petroleum contamination from leaking underground storage tanks commonly predates discovery by decades — potentially reaching back before 1986. The investigation, groundwater remediation, and well-protection measures this site still requires under Oregon DEQ's Cost Recovery Agreement represent future cost obligations that 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.