This property has a documented history as a public works and maintenance facility going back to 1970. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This public school property operated an underground storage tank that was decommissioned in 1995, with the tank's lifecycle indicating installation no later than the early 1970s. When the UST was removed, unleaded gasoline contamination was discovered in soil, groundwater, and soil gas beneath the property. Oregon DEQ classified the site under a Risk-based Corrective Action framework, and a Cost Recovery Agreement has been in place since June 2019, establishing an active financial obligation for ongoing investigation and remediation under assigned DEQ oversight. 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 an underground storage tank installed no later than the early 1970s and operated for decades before 1986, with unleaded gasoline contamination discovered in soil, groundwater, and soil gas when the tank was decommissioned in 1995. Under the Cost Recovery Agreement in place with Oregon DEQ since June 2019 and the site's Risk-based Corrective Action designation, the investigation, remediation, and monitoring work ahead represents ongoing costs that historical pre-1986 carriers may be obligated to fund going forward.
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.