This property has a documented history as a bulk fuel distribution terminal 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 bulk fuel storage property operated as a fleet fueling facility for Hendricks Bus Service, with three underground storage tanks — likely installed in the 1960s and 1970s — removed between 1992 and 1999 after overfill-related contamination was identified. Excavation work revealed residual petroleum in sidewall and floor soils at concentrations up to 830 ppm gasoline, and groundwater sampling confirmed gasoline at 7,700 ppb where groundwater entered excavation pits at ten feet below ground surface. Oregon DEQ has determined that further investigation into the extent of residual petroleum contamination is necessary, and a Cost Recovery Agreement executed in 2021 establishes an active financial obligation for the responsible party. 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 traces to decades of fleet fueling operations and underground storage tank overfills dating to the 1960s and 1970s, well before 1986. With significant gasoline contamination confirmed in both soil and groundwater and Oregon DEQ directing further investigation under an active Cost Recovery Agreement, the delineation, remediation, and monitoring costs ahead represent a substantial ongoing obligation 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
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.