This property has a documented history as a farm and agricultural operation predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This rural property in Umatilla County housed an unregulated underground storage tank whose leak was discovered in October 2019 during decommissioning, releasing diesel into the subsurface and contaminating the on-site drinking water supply. Well UMAT 53239 tested positive for diesel at 103 ppb and 177 ppb in successive sampling rounds, free product was confirmed in the subsurface, and an alternative drinking water supply was provided to the office and residence. Oregon DEQ has assigned the site for active oversight, with plans underway to decommission the contaminated well, drill a replacement drinking water well, and remove petroleum free product to the maximum extent practicable. 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 unregulated underground storage tank at this property is of a type that typically predates federal UST regulations of the mid-1980s, placing its installation and operation squarely in the pre-1986 era. The contaminated well decommissioning, replacement drinking water well drilling, and petroleum free product removal that Oregon DEQ now directs represent substantial future cleanup costs that pre-1986 CGL carriers whose policies were in effect during the tank's 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.