This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during operations at this property 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 contamination at this property originated from underground storage tank operations at a branded fuel station whose tanks were installed before 1986 and remained in service until a documented release occurred during their 1999 decommissioning, placing the onset of contaminating operations squarely in the pre-1986 era. The ongoing investigation, remediation, and groundwater monitoring directed by Oregon DEQ under the 2022 Cost Recovery Agreement — with no No Further Action determination yet issued and the contaminant plume confirmed less than half a mile from drinking water wells above a shallow aquifer — represent substantial costs this property still faces, and historical pre-1986 carriers whose policies were in effect during those operational years may be obligated to fund that cleanup work 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.