Colvin Oil Bulk Plant is a bulk fuel distribution facility in Curry County where diesel contamination from an unregulated underground storage tank has impacted multiple environmental media — groundwater, drinking water, surface water, and soil — with free product confirmed at the site. The release was reported to Oregon DEQ in March 1992 following a complaint about piping, and cleanup efforts began shortly thereafter, yet the site has not reached closure after more than three decades. Oregon DEQ executed a Cost Recovery Agreement in May 2025, establishing an active financial obligation on the responsible party and signaling that significant investigation and remediation work remains ahead. 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.
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.
Diesel contamination from an unregulated underground storage tank at this bulk fuel plant — a tank type that predates the 1986 RCRA amendments — traces the site's pollution to operations well before 1986, with the release first reported to Oregon DEQ in 1992. With a Cost Recovery Agreement executed in 2025 and contamination — including free product — confirmed in groundwater, drinking water, surface water, and soil, 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.
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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.