This property has a documented history as a bulk fuel distribution terminal going back to 1958. 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 was constructed as a bulk fuel terminal in the late 1950s and has operated in that capacity across several decades and multiple ownership entities. A 6,000-gallon gasoline release occurred at the site in May 1985, and the resulting Environmental Remediation Program case remains open with the Wisconsin DNR. Subsequent investigation has revealed extensive PFAS groundwater contamination — with at least 86 instances of maximum contaminant level exceedances documented between September 2020 and October 2024 — suspected to originate from aqueous film-forming foam (AFFF) used in the facility's fire suppression system. The site is proximate to a lake that already carries a fish consumption advisory for PFAS, and Wisconsin DNR enforcement action is active, including a Notice of Violation and an enforcement conference held in late 2025. 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.
Fuel terminal operations at this property began in the late 1950s, and the confirmed 1985 gasoline release — along with decades of bulk fuel handling and fire-suppression foam use — occurred entirely within the pre-1986 window when the businesses that operated here held Commercial General Liability policies. The PFAS site investigation now underway, the groundwater remediation required to address dozens of MCL exceedances documented since 2020, and the ongoing Wisconsin DNR enforcement obligations represent substantial future costs that those 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
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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.