This property has operated as a filling station and automotive repair facility since at least 1923, with underground storage tanks installed on multiple occasions between 1923 and 1969. A Phase II Environmental Site Assessment confirmed tetrachloroethylene (PCE) in groundwater above Wisconsin DNR NR 140 Preventive Action Limits in three of four permanent monitoring wells, and free product identified as Fuel Oil #2/Diesel Fuel was observed in a fourth well. The site is an active Environmental Remediation Program case with remedial action design approved and site investigation ongoing 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.
Fueling and automotive repair operations at this property date to at least 1923, with underground storage tanks installed on multiple occasions through 1969, placing decades of contaminating activity squarely within the pre-1986 policy window. The ongoing site investigation, remedial action design and implementation, and long-term groundwater monitoring required under Wisconsin DNR's Environmental Remediation Program to address both petroleum and chlorinated solvent contamination represent 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.