This property has a documented history as a gasoline service station going back to 1936. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This property has served as a U.S. Forest Service facility since 1936, with a building constructed in the 1930s that operated as a fuel service station and bulk storage area for solvents, paints, and chemicals until it was remodeled in the 1990s. Two gasoline underground storage tanks were decommissioned in February 1992, and solvents and diesel were reportedly dumped into a trough that drained to one of the tanks. Groundwater sampling has confirmed BTEX compounds at concentrations of 1,000 to 11,000 ppb — well above drinking water standards — along with diesel, volatile organic compounds, and elevated metals including arsenic and barium. A 1992 No Further Action determination applied only to the UST decommissioning under the LUST program, not to the broader site contamination, and as of the most recent narrative entry the site still requires further investigation of soil, groundwater, the abandoned UST, and the drain field. 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.
Fuel dispensing and solvent disposal operations at this property began in the 1930s and continued for decades before 1986, producing the BTEX, diesel, solvent, and metals contamination now confirmed in groundwater and soil. The investigation and remediation work that lies ahead — further delineating soil and groundwater contamination, addressing the abandoned UST and drain field, and remediating BTEX and solvent concentrations that exceed drinking water standards — represents costs this property still faces that historical 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.