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 property in Clackamas County operated as a Texaco Jobber petroleum bulk storage facility prior to 1986, with Spencer Environmental later storing off-spec fuels in four 8,000-gallon above-ground storage tanks on-site. Oregon DEQ has confirmed impacts to groundwater and determined that expanded assessment will be required, but no cleanup investigation or remediation has been completed. DEQ withdrew from its Independent Cleanup Pathway agreement in July 2018 after the responsible party failed to respond to an options letter, and no No Further Action determination or site closure has been issued — leaving the contamination and its associated obligations unresolved. 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 Clackamas County property originated from bulk storage operations — including petroleum distribution and the storage of off-spec fuels in above-ground tanks — that were active prior to 1986. With groundwater impacts confirmed by Oregon DEQ and expanded assessment, investigation, and remediation still required, historical pre-1986 carriers who insured operators during those earlier decades of petroleum handling may be obligated to fund the substantial cleanup costs this property still faces.
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.