This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the cleanup that lies ahead.
This bulk fuel transfer and distribution property — operated under the names Carson Oil Tillamook and Cummings Transfer — contained underground storage tanks holding diesel, unleaded gasoline, and waste oil, with a release discovered in May 2012 that confirmed petroleum contamination in both soil and groundwater. Oregon DEQ executed a Cost Recovery Agreement with the responsible party in June 2012, and the site remains in the assessment stage with no No Further Action determination or closure issued. The property carries an Unassigned project status, and the investigation and remediation work necessary to address the confirmed groundwater and soil impacts has not been completed. 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 underground storage tanks at a fuel transfer and distribution operation whose history of use predates 1986, with a release discovered in May 2012 confirming petroleum impacts to both soil and groundwater. The outstanding investigation, site assessment, groundwater remediation, and soil cleanup costs that this property still faces under Oregon DEQ's Cost Recovery Agreement are the type of future obligations 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.