This property has a documented history as a bulk fuel distribution terminal going back to 1937. 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 bulk petroleum storage facility from at least 1937, with bulk tanks visible in historical aerial photography, followed by retail fuel and auto repair operations from 1969 through 1989. Four underground storage tanks containing leaded gasoline, fuel oil, and waste oil were removed in December 1989, and a prior LUST case confirmed contaminating releases during the pre-1986 operational period. Phase II groundwater sampling has confirmed naphthalene at 172 micrograms per liter — exceeding the Wisconsin NR 140 Enforcement Standard — along with volatile organic compounds including benzene and tetrachloroethylene (PCE) in soil at multiple boring locations, and residual contamination remains beneath the main building. 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 petroleum storage operations at this property date to at least 1937, with retail fueling and auto repair continuing through 1989, and a prior LUST case confirmed that contaminating releases occurred during the pre-1986 operational period. The remaining Environmental Remediation Program investigation, groundwater remediation to achieve NR 140 compliance for naphthalene and other volatile organic compounds, and long-term monitoring through site closure represent future costs that the 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.
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.