This property has a documented history as a gasoline service station going back to 1929. 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 service station at the Cole Street and USH 45 intersection in Elcho, with Sanborn fire insurance maps confirming filling station operations at this location as early as 1929. A Phase 2.5 subsurface investigation in 2022 discovered chlorinated volatile organic compounds in groundwater, with tetrachloroethylene (PCE) exceeding both the NR 140 Preventive Action Limit and Enforcement Standard and trichloroethylene (TCE) exceeding the Preventive Action Limit. Contamination has also been confirmed in the USH 45 public right-of-way, and the site was opened as a Wisconsin DNR Environmental Remediation Program case in 2023. 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.
Fueling and service operations at this property date to at least 1929, placing more than five decades of filling station activity squarely within the pre-1986 coverage window. The groundwater investigation, right-of-way remediation, and ongoing monitoring required to address chlorinated solvent contamination exceeding NR 140 standards represent future costs that historical 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.