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 former gas station property in Polk County is now a vacant lot with confirmed petroleum contamination in both soil and groundwater from a leaking underground storage tank, with the release discovered in July 2019. Oregon DEQ assigned the site for active cleanup oversight beginning in October 2019, and a Cost Recovery Agreement was filed in April 2022 establishing ongoing financial obligations. The site remains in the assessment phase with no No Further Action determination issued, and DEQ continues active oversight under an assigned project manager. 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.
Regulated underground storage tanks at this gas station property were installed and operated decades before the petroleum release was discovered in 2019, placing the origin of contamination well within the pre-1986 window. The site assessment, remediation, and long-term groundwater monitoring work being directed by Oregon DEQ under the active Cost Recovery Agreement represents a substantial ongoing and future cost obligation that pre-1986 carriers whose policies were in effect when the tanks were in operation 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.