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 gas station property operated underground storage tanks that were decommissioned in December 1991, with Oregon DEQ first receiving complaints of petroleum odors and sheen at the site in December 1990. Groundwater sampling confirmed gasoline- and diesel-range petroleum hydrocarbons, dissolved lead, volatile organic compounds, and polycyclic aromatic hydrocarbons across multiple monitoring wells, with contamination extending through the surrounding area. Contaminated soil was left in place during a 1995 excavation due to the proximity of structures and right-of-way, a deed notice was filed for remaining soil and groundwater contamination, and concentrations remain above risk-based levels for residential exposure pathways 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 underground storage tanks at this property were in operation well before 1986, with Oregon DEQ first receiving complaints of petroleum contamination in December 1990 and the tanks decommissioned in December 1991. Contaminated soil remains in place near adjacent structures and right-of-way, groundwater contamination persists above residential risk-based concentrations, and no No Further Action determination has been issued, pointing to substantial future investigation, remediation, and monitoring costs this property still faces that pre-1986 policies issued to operators of this site 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.