A filling station with underground gasoline tanks operated at this property as early as 1907, with documented service station operations continuing through the early 1970s before the structures were razed by 1982. Petroleum-related volatile organic compounds, polycyclic aromatic hydrocarbons (PAHs), and lead have been confirmed in soil and groundwater, with contamination extending beneath South Washington Street and Doty Street into the public right-of-way. A prior LUST case was closed in 2019 with continuing obligations for residual contamination, and the current Wisconsin DNR Environmental Remediation Program case was opened after a 2024 Phase II investigation identified additional fill-material contamination requiring further site investigation and remediation. 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 operations at this property began as early as 1907 and continued through the early 1970s before the structures were razed by 1982, placing the entire history of contaminating activity well before 1986. The site investigation work plan submitted in 2025, along with the remediation and ongoing monitoring required under Wisconsin DNR Environmental Remediation Program oversight for petroleum contamination that has migrated into groundwater and public rights-of-way, represent substantial future costs 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.