This property has a documented history as a bulk fuel distribution terminal going back to 1915. 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 bulk fuel distribution facility was constructed in 1915, with above-ground storage tanks installed across multiple decades — 1915, 1921, 1931, 1948, and 1955 — before all tanks were removed in 1989. During cleanup of a 2009 diesel spill, investigators encountered apparently older petroleum contamination consistent with the property's decades of pre-1986 fuel operations. Diesel range hydrocarbons, gasoline range hydrocarbons, and BTEX compounds have been confirmed in soil and groundwater, and the full extent of groundwater contamination to the south of the site has not yet been determined. Oregon DEQ's Cleanup Program has actively managed the site since 2009 under an agreement with the responsible party, and no No Further Action determination has been issued. 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.
Bulk fuel distribution operations at this property began in 1915, with above-ground storage tanks installed across multiple decades through 1955 and not removed until 1989, placing more than seven decades of petroleum handling and the contamination it produced before 1986. The ongoing Oregon DEQ investigation to delineate the full extent of groundwater contamination, along with the remediation, monitoring, and compliance work ahead, represents substantial 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.