This property has a documented history as a gasoline service station going back to 1963. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This former gas station and market property was constructed in 1963, with two underground storage tanks (10,000-gallon and 12,000-gallon) installed in 1982. A hole discovered in fuel piping in May 1991 confirmed that petroleum releases had been occurring from the aging infrastructure, and when the tanks were removed in January 1998, 660 tons of contaminated soil were excavated. Groundwater contamination is extensive — a dissolved-phase petroleum plume extends off-site beneath the adjacent Willow Creek mobile home park, and separate-phase hydrocarbons (free-floating gasoline) have been measured up to 8.4 feet thick in monitoring wells. Oregon DEQ has operated a soil vapor extraction and air sparging system at the site since 2016, with quarterly groundwater monitoring ongoing, but significant remediation work remains. 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 originated from underground storage tanks installed in 1982 and fuel piping that was deteriorating well before 1986, with petroleum releases confirmed when a hole was discovered in the piping in May 1991. The work ahead — including continued operation of the SVE and air sparging system, quarterly groundwater monitoring, and addressing the unresolved free-product and off-site dissolved-phase plume beneath the adjacent Willow Creek mobile home park — represents 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.