This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the cleanup that lies ahead.
Shirtcliff Oil Co. operates a bulk petroleum fuel handling facility in Myrtle Creek on the bank of the South Umpqua River, where petroleum contamination was discovered in 2004 when sheens appeared on the river's surface. Site investigation confirmed free product in monitoring wells installed in August 2005, with the City of Myrtle Creek's drinking water intake located just a few hundred feet downstream from the fuel seeps. Oregon DEQ has required site investigation, monitoring well installation, and contingency plan development under an active agreement, but no remediation has been completed — only ongoing monitoring remains in place, 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.
The petroleum contamination at this bulk fuel handling facility — free product in groundwater and sheens reaching the South Umpqua River — originated from fuel storage and distribution operations whose history predates 1986. With no remediation completed and Oregon DEQ maintaining active regulatory oversight under an existing agreement, the investigation, remediation, and long-term monitoring costs this property still faces are precisely the type of 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.