This property operated as a gasoline service station from at least 1955 through 1972, with underground storage tanks along the east side of the building and fuel pumps at the northeast corner. The tanks were filled with concrete in 1974, but petroleum volatile organic compounds (PVOCs) characteristic of old gasoline have been confirmed in soil and groundwater, discovered during a WisDOT Phase II environmental site assessment for the USH 51 corridor. Contamination has migrated beyond the property boundary into the state highway right-of-way, and the site is now an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation obligations 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 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 dispensing operations at this property ran from at least 1955 through 1972—more than a decade before 1986—introducing petroleum contamination into soil and groundwater that persists today and has migrated beyond the property boundary into the state highway right-of-way. The site investigation, soil and groundwater remediation, and long-term monitoring still required to satisfy Wisconsin DNR Environmental Remediation Program closure standards represent future costs that the historical carriers who insured these pre-1986 operations 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.