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.

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 tank infrastructure at this property is consistent with gas station operations that may predate 1986, and the petroleum release from UST piping, discovered in July 2008, left diesel, gasoline constituents, naphthalene, and lead in soil and groundwater, with cleanup still incomplete more than fifteen years later. With contamination located less than half a mile from domestic and community wells and a Cost Recovery Agreement executed in April 2024 confirming ongoing obligations under Oregon DEQ active project oversight, the investigation, remediation, and long-term monitoring costs ahead represent substantial ongoing and future expenses 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.