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 Shell service station in Washington County operated with five underground storage tanks — including a 10,000-gallon and two 8,000-gallon fuel tanks — that were removed in April 1987, along with two smaller heating oil and used oil tanks that remained in the ground until their removal in March 2023. Petroleum hydrocarbons and volatile organic compounds including benzene, ethylbenzene, naphthalene, and 1,2,4-trimethylbenzene have been confirmed in groundwater at concentrations exceeding vapor intrusion thresholds, and sub-slab soil vapor sampling in February 2024 found multiple compounds above commercial risk-based concentrations. Oregon DEQ has an active Cost Recovery Agreement in place since April 2023, with an assigned project manager directing additional investigation planned for 2025 to delineate the subsurface vapor plume, and approximately five cubic yards of petroleum-contaminated soil remain on-site adjacent to the building. 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 underground storage tanks at this former service station were in service well before 1986, with the primary fuel tanks not removed until April 1987 and two additional tanks remaining in the ground until their removal in March 2023. The work ahead — vapor plume delineation planned for 2025, indoor air assessment, and remediation of contaminated soil and groundwater directed by Oregon DEQ under an active Cost Recovery Agreement — represents substantial ongoing and future costs that historical pre-1986 carriers 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.