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 cleanup that lies 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 traces to gasoline overfill from underground storage tanks at a car wash — operations that may well have been underway before 1986, with the resulting release discovered in December 1989 during UST decommissioning. The investigation, remediation, and ongoing monitoring costs this property still faces — underscored by Oregon DEQ's continued oversight, an April 2022 Cost Recovery Agreement, and confirmed vapor intrusion risk with the aquifer less than twenty feet below the surface — are precisely the type of future obligations 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.