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.
This gas station property has operated since the early 1900s in rural Harney County, with underground storage tanks removed in 1995 revealing extensive gasoline contamination in soil and shallow groundwater — benzene concentrations reaching 15,000 ug/L. The contamination plume extends beneath Highway 205, Frenchglen School, and several residences, with drinking water wells and indoor air confirmed as impacted by benzene and MTBE above screening levels. A 2010 Focused Feasibility Study recommended monitored natural attenuation and multi-phase extraction, but the site was placed into interim status before a final remedy was selected, and Oregon DEQ continues to manage it as an orphan site under the Industrial Orphan Site Account. 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 property originated from underground storage tank operations that began in the early 1900s — decades before 1986. With a final remedy still unselected and residual contamination persisting in groundwater, drinking water wells, and indoor air at neighboring properties, the investigation, remediation, long-term monitoring, and compliance costs ahead represent a substantial ongoing and future obligation 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.