This property served as a gasoline filling station with three underground tanks and a greasing building from approximately 1938 through 1960, with adjacent structures hosting newspaper printing operations dating to the 1890s and fuel oil storage. A Phase II Environmental Site Assessment confirmed benzene in groundwater above the NR 140 Enforcement Standard, multiple polycyclic aromatic hydrocarbons — including benzo(a)pyrene, chrysene, and benzo(b)fluoranthene — exceeding NR 140 preventive action limits across several monitoring wells, and PAHs and metals in soil above Wisconsin DNR residual contaminant levels. Fill material up to twenty feet thick containing metallic and demolition debris from historical operations underlies the site, and the investigation remains active under the Wisconsin DNR Environmental Remediation Program. 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 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.
Fueling and industrial operations at this property began in the late 1930s and continued through 1960, placing more than two decades of contaminating activity squarely in the pre-1986 window. The groundwater investigation, soil remediation, and long-term monitoring required to meet NR 140 standards represent 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.
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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.