This property has a documented history as a gasoline service station going back to 1942. 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 gasoline filling station from at least 1942, as documented by Sanborn fire insurance maps, with continuous petroleum operations spanning more than four decades through 1985. Multiple underground storage tanks with a combined capacity of at least 7,000 gallons were installed during those years, and the 1974 removal of several tanks was conducted without documentation of surrounding soil conditions, while two additional heating oil and waste oil USTs were removed in 1990. Arsenic, polycyclic aromatic hydrocarbons (PAHs), volatile organic compounds (VOCs), and metals have been confirmed in groundwater — located just 10 to 12 feet below ground surface and approximately 230 feet from Monona Bay — and Wisconsin DNR denied a No Action Required determination due to direct contact exceedances. The site is an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation work 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.
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.
Petroleum dispensing and storage operations at this property began at least four decades before 1986 and continued through the mid-1980s, placing the contaminating activity squarely within the pre-1986 window. The site investigation, groundwater remediation, and long-term monitoring required to address contamination near Monona Bay represent substantial future costs that those historical 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.