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 tanks at this property held leaded gasoline for fleet fueling operations — a fuel phased out by the mid-1980s — confirming that these tanks were installed and operating well before 1986, with petroleum contamination discovered in both soil and groundwater during tank decommissioning in January 1993. The investigation and remediation work ahead under the 2022 Cost Recovery Agreement, including continued groundwater monitoring of a shallow aquifer less than 20 feet deep and compliance with Oregon DEQ's Risk-based Corrective Action framework, represent substantial future costs that 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.