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 in Polk County was demolished in February 1984, with four underground storage tanks removed and a petroleum release discovered later that year. Groundwater sampling has confirmed severe gasoline contamination — including gasoline at 32,700 µg/L and naphthalene at 859 µg/L in monitoring wells, both exceeding risk-based concentrations — along with free product and soil vapor concentrations above occupational exposure thresholds. Oregon DEQ issued a Cost Recovery Agreement in October 2017 and directed in-situ chemical oxidation treatment in 2018, but post-treatment monitoring shows contaminants remain above construction worker risk-based concentrations, and no No Further Action determination has been issued. 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 release at this property originated from underground storage tank operations at a former gas station that ceased no later than 1984, when the facility was demolished and four tanks were removed, placing the contamination entirely within the pre-1986 period. The ongoing remediation, additional treatment, and long-term groundwater monitoring required under Oregon DEQ's Cost Recovery Agreement — particularly given that free product and contaminant levels remain above risk-based concentrations after in-situ chemical oxidation and no No Further Action determination has been issued — represent substantial costs this property still faces going forward 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
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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.