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 Kelly-Moore Paint Store in Malheur County housed a regulated underground storage tank containing gasoline, with a release discovered in October 2014 that impacted both soil and groundwater. Oregon DEQ has assigned the site for active oversight, and the cleanup remains in the Site Assessment phase — with investigation continuing on the source property at 10 W Idaho Ave, while a separate No Further Action determination was issued only for the adjacent 94 W Idaho tax lot. The responsible party is under an active agreement or order with Oregon DEQ, and the site saw recent regulatory activity as of February 2026. 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 petroleum contamination at this property originated from underground storage tank operations at a facility whose parent company has been in business since 1946, placing the likely period of contamination well before 1986. The ongoing site assessment, groundwater investigation, and remediation work directed by Oregon DEQ — with active enforcement and unresolved contamination on the source property — represent substantial current and future cost 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
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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.