This property has a documented history as a gasoline service station 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.

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 traces to leaded gasoline storage tank operations that were necessarily underway before 1986, as the fuel was phased out for road use by the mid-1980s and petroleum contamination — with lead identified as an additional contaminant of concern — was confirmed in soil and groundwater when the regulated tank was decommissioned in 2008. The ongoing investigation and remediation under active Oregon DEQ project management, formalized by the October 2023 Cost Recovery Agreement with no No Further Action determination yet issued, represents substantial current and future costs that historical pre-1986 carriers whose policies were in effect during those operational years 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.