This property has a documented history as a bulk fuel distribution terminal predating 1986. 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 historically as a Texaco bulk petroleum plant with underground storage tanks and an automotive repair shop — operations consistent with activity predating 1986. A 2013 Phase I Environmental Site Assessment identified recognized environmental conditions tied to former USTs and petroleum-contaminated soil, and diesel free product (LNAPL) was first observed in monitoring well MW-1 that same year at 0.45 feet thickness. Subsequent quarterly groundwater monitoring across more than 16 sampling events has documented diesel-range petroleum hydrocarbon concentrations as high as 8,150,000 µg/L — more than 1,300 times the site-specific risk-based concentration — with the LNAPL plume actively expanding and polycyclic aromatic hydrocarbons confirmed in multiple wells. 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 traces to bulk petroleum handling and underground storage tank operations consistent with decades of use before 1986. With Oregon DEQ actively overseeing the site and a feasibility study evaluating a minimum of three remedial alternatives recommended to address the expanding diesel plume, the substantial investigation, remediation, and long-term monitoring costs ahead are ones that pre-1986 CGL carriers whose policies were in effect during the property's historical petroleum operations 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.