This property has a documented history as a bulk fuel distribution terminal going back to 1930. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property operated as a petroleum bulk storage facility beginning in the 1930s, receiving and distributing fuel by barge, tanker truck, and rail for more than five decades before the Wisconsin DNR case opened in 1989. A 1990 site investigation documented extensive free product (NAPL) and dissolved-phase petroleum contamination, with contaminants including leaded gasoline, diesel, engine waste oil, MTBE, tetrachloroethylene (PCE), and trichloroethylene (TCE). Contamination has migrated off-site, with free product confirmed in adjacent building basements and indoor air sampling revealing PCE, naphthalene, and ethylbenzene above Vapor Action Levels — prompting installation of a sub-slab venting system and ongoing quarterly and semi-annual groundwater monitoring through 2025. 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 Wisconsin — 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.
Bulk fuel storage and distribution operations at this facility began in the 1930s and continued through the pre-1986 period, spanning more than five decades of petroleum handling before the contamination was formally documented. The extensive groundwater monitoring network, off-site vapor mitigation, free product removal, and remaining remediation work under Wisconsin DNR Environmental Remediation Program oversight represent substantial future costs that those historical 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.