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 cleanup that lies ahead.
This former retail service station in Malheur County operated petroleum underground storage tanks that were in use well before 1986, with four USTs removed in October 1989 and three additional large-capacity tanks removed in 2009–2010. Petroleum-related soil and groundwater contamination — including the presence of free product — was discovered during the 1989 decommissioning, and sub-slab soil gas sampling in 2010 indicated vapor intrusion concerns. Oregon DEQ has not issued a No Further Action determination for the site, and a Conditional NFA cannot be granted until an Easement and Equitable Servitude is signed and recorded with the county; a Notice of Environmental Contamination was filed as an interim measure in December 2010. 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 originated from underground storage tank operations that were active for years before 1986, with four USTs removed in 1989 and three additional large-capacity tanks removed in 2009–2010. With free product in groundwater, vapor intrusion concerns, and no No Further Action determination yet issued by Oregon DEQ, the investigation, remediation, institutional controls, and compliance costs this property still faces are future obligations that historical pre-1986 carriers may be obligated to fund.
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.