This property operated as a gasoline service station with underground storage tanks well before 1986, as confirmed by the presence of leaded gasoline among the released substances — a fuel phased out by the mid-1980s. Chlorinated solvents (PCE and TCE), volatile organic compounds, polycyclic aromatic hydrocarbons (PAHs), lead, and naphthalene have been identified in soil, consistent with decades of fueling and service operations. A 2025 Phase 3 investigation conducted during WisDOT highway construction discovered PAH- and lead-contaminated soil extending into the public right-of-way adjacent to the former station, and Wisconsin DNR has pursued offsite access to investigate contamination migration beyond the property boundary. The site remains an open Environmental Remediation Program case with investigation and remediation work continuing under Wisconsin DNR oversight. 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.
Gasoline service operations at this property — including the storage and dispensing of leaded gasoline, a fuel phased out by the mid-1980s — were conducted well before 1986, and the contamination now documented in soil across the site and into the adjacent public right-of-way by PAHs, chlorinated solvents, lead, and other petroleum compounds originated during that pre-1986 operating period. The ongoing site investigation under Wisconsin DNR's Environmental Remediation Program, offsite remediation of PAH- and lead-contaminated soil discovered in the public right-of-way during 2025 highway construction, continued assessment of contaminant migration beyond the property boundary, and any additional cleanup required to satisfy Wisconsin DNR closure standards represent future costs that the historical CGL carriers insuring pre-1986 operations at this property 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.