This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the cleanup that lies ahead.
This property operated as a Texaco Service Station in Lake Oswego before its current use as a Jacksons Food Stores location. Chlorinated solvents were discovered in groundwater during closure of an on-site hydraulic lift, and VOCs related to gasoline breakdown products were also detected in monitoring well samples. Although the Oregon DEQ issued a No Further Action determination in November 2006 for the underground storage tank system, that closure applied only to the UST components — the chlorinated solvent contamination in groundwater remains unresolved. A 2016 DEQ narrative noted that it is not clear whether the chlorinated solvents found in groundwater at the site meet current risk thresholds, and the site remains in the ECSI system with an Unassigned project status. 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 chlorinated solvent and petroleum contamination at this property originated from service station operations that were underway well before 1986. Because Oregon DEQ's own review flagged the unresolved groundwater contamination as potentially exceeding current risk thresholds, this property still faces costs for further investigation, delineation, and remediation 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.