This property has a documented history as a gasoline service station going back to 1948. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This property operated as a gas station from 1948 to 1977, with underground storage tanks installed in the late 1940s and decommissioned in place in 1979 and 1980. A 1994 site characterization discovered subsurface soil contamination near two of those tanks, and subsequent investigation — including nine monitoring wells installed in 2001 and 2002 — confirmed a groundwater plume containing trichloroethylene (TCE), benzene, 1,2,4-trimethylbenzene, and naphthalene at concentrations exceeding risk-based levels. Although 652 tons of contaminated soil were removed as an interim action, Oregon DEQ explicitly declined to issue a No Further Action determination in 2005, citing the lack of a proposed remedy for remaining exposure pathways, and the site remains listed with residual contamination in soil and groundwater unaddressed. 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 contamination at this property originated from gas station operations conducted from 1948 to 1977 and underground storage tanks installed in the late 1940s and decommissioned in 1979 and 1980 — activity spanning approximately three decades, all before 1986. Because Oregon DEQ declined to grant site closure, the investigation, remedy design, and remediation work that still lies ahead for remaining soil and groundwater contamination represents costs that pre-1986 CGL carriers whose policies were in effect during the station's operating years 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.