This property has a documented history as a gasoline service station going back to 1958. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This property operated as a retail gas station and convenience store from approximately 1958 until its closure in 1998, with three underground storage tanks containing various grades of gasoline on site. Groundwater beneath and beyond the property is severely contaminated — benzene has been measured at 20,500 µg/L, far exceeding safe drinking water thresholds — and the contaminant plume extends off-site onto the Elmira Post Office property and Territorial Road right-of-way, with a down-gradient drinking water well confirmed contaminated with petroleum in 2010. Oregon DEQ has referred the site to the Orphan Site Program, recorded a cost recovery lien with Lane County, and placed an easement and equitable servitude restricting land and groundwater use since 2013, with no No Further Action determination 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.
The gasoline contamination at this property originated from underground storage tank operations that began around 1958 — nearly three decades before 1986 — and continued through the station's closure in 1998. With the contaminant plume extending onto neighboring properties and a down-gradient drinking water well confirmed contaminated, the investigation, remediation, and long-term monitoring that Oregon DEQ continues to direct through the Orphan Site Program represent 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
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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.