This property has a documented history as a gasoline service station going back to 1938. 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 gasoline station since 1938, with underground storage tanks installed well before 1986 and decommissioned in 1991. Petroleum contamination was discovered during UST decommissioning, and subsequent investigations between 1997 and 2001 revealed chlorinated solvents — tetrachloroethylene (PCE), trichloroethylene (TCE), and cis-1,2-dichloroethylene — in groundwater, with the PCE plume extending off-site into the Trade Street right-of-way and neighboring properties. PCE concentrations exceed hot-spot screening values for residential vapor intrusion, and contaminated shallow groundwater threatens a deeper water-bearing zone used for drinking water. The site is assigned to an Oregon DEQ project manager, but no remediation has been completed and additional investigation is still needed to determine the full extent of contamination and identify current risks to human health. 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 contamination at this property originates from gasoline station operations and vehicle service activities that began in 1938 — nearly five decades before 1986 — with underground storage tanks that remained in service until their decommissioning in 1991. The investigation and remediation that Oregon DEQ has determined is still needed — including fully characterizing the off-site PCE plume, assessing vapor intrusion risks, and protecting the deeper drinking water supply — represents substantial future costs this property still faces, and historical pre-1986 carriers may be obligated to fund that work.
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.