This property has a documented history as a bulk fuel distribution terminal going back to 1940. 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 has hosted petroleum storage and distribution operations since at least the 1940s, beginning with a bulk oil terminal that operated on the northeastern portion of the site through the 1950s. Groundwater sampling has confirmed benzene concentrations exceeding the Wisconsin NR 140 preventive action limit by more than two times, along with toluene detections at multiple sampling locations. Wisconsin DNR denied a no-further-action request for the site and instead required a cap maintenance plan, confirming that ongoing management of the contamination is necessary under the Environmental Remediation Program. 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 storage and distribution operations at this property began in at least the 1940s and continued through the decades preceding 1986, placing the origin of contaminating activity well within the pre-1986 window. The cap maintenance requirements, ongoing groundwater monitoring, and any further remediation needed to address benzene and toluene contamination — with the Rock River located approximately 2,000 feet downgradient — represent 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.