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.
This former gas station property at 1900 NW Hwy 101 in Lincoln City had regulated underground storage tanks that were decommissioned in 1988, with a release reported on June 7, 1988. Petroleum hydrocarbons, volatile organic compounds (VOCs), BTEX, and lead have been confirmed in both soil and groundwater, with a shallow aquifer less than twenty feet deep in permeable sand and gravel increasing the risk of contaminant migration. Oregon DEQ has designated the site for Risk-based Corrective Action under active oversight, and a Cost Recovery Agreement was signed on January 28, 2025 — establishing an ongoing financial obligation with no No Further Action determination or completion documents yet in place. 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 property were decommissioned in 1988 after years of operation, and standard UST lifecycles place their installation well before 1986, situating the contaminating operations at this site in the pre-1986 period. The investigation, corrective action, and groundwater monitoring costs established under the 2025 Cost Recovery Agreement — with no No Further Action determination yet issued by Oregon DEQ — represent substantial ongoing and future obligations 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.
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.