This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This bulk fuel distribution facility housed multiple underground and aboveground storage tanks, with USTs installed beneath the building itself during original construction. Contamination was discovered in 1993 during a subsurface investigation of an adjacent ODOT property, and subsequent monitoring confirmed petroleum hydrocarbons, metals, and benzene in groundwater above cleanup levels — with floating product observed in monitoring wells and a groundwater plume documented as migrating off-site. Oregon DEQ approved a Record of Decision in December 2001 prescribing monitored natural attenuation, soil removal, and deed restrictions; approximately 450 tons of contaminated soil were excavated in April 2002, though confirmation samples still exceeded benzene standards, and a deed restriction prohibiting beneficial use of groundwater remains 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 bulk fuel storage and distribution operations at this property, including underground storage tanks installed beneath the building during original construction, were in place well before 1986. Because Oregon DEQ has not issued a No Further Action determination, the ongoing groundwater monitoring, further investigation of residual benzene contamination exceeding cleanup levels, and any additional corrective action required before closure represent 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.