This property served as a gasoline service station from the mid-1950s through the early 1970s, with three 2,000-gallon underground storage tanks from that era remaining buried until their removal in March 2026. Site investigation across 13 soil borings has confirmed polycyclic aromatic hydrocarbons (PAHs), volatile organic compounds (VOCs), and metals in both soil and groundwater, consistent with decades of historic fueling operations and contaminated fill material. The site is an active Wisconsin DNR Environmental Remediation Program case, with remediation planning underway following the recent SIR approval. 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 service station operations at this property began in the mid-1950s and continued into the early 1970s, placing nearly two decades of contaminating activity well before 1986. The site investigation, groundwater remediation, and long-term monitoring required to address contamination from those long-buried tanks represent future costs that 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.