This property has a documented history as a bulk fuel distribution terminal going back to 1908. 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 42-acre bulk petroleum storage terminal operated from 1908 until 1999, receiving and distributing leaded and unleaded gasoline through aboveground storage tanks for more than nine decades. A deep dissolved-phase benzene plume extending nearly half a mile and spanning more than 10 acres has been confirmed migrating toward St. Louis Bay, with temporary monitoring wells exceeding Wisconsin DNR NR 140 Enforcement Standards for benzene, and nearly 50,000 gallons of light non-aqueous phase liquid (LNAPL) remain in the subsurface across the associated terminal properties. Contaminated sediments containing volatile organic compounds, polycyclic aromatic hydrocarbons, and metals have been identified in a barge dock slip on the St. Louis River, and a DNR/EPA Great Lakes Legacy Act cooperative agreement is in place for sediment remediation. 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 and distribution operations at this site began in 1908 and continued for nearly eight decades before 1986, with Wisconsin DNR notification of a hazardous substance discharge filed as early as August 1985. The extensive groundwater remediation, LNAPL recovery, sediment cleanup in the St. Louis River, and ongoing environmental monitoring required to reach Wisconsin DNR closure 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.