This property operated as a bulk petroleum storage and dispensing facility from the 1930s through 1992, with four aboveground storage tanks holding diesel fuel, leaded gasoline, and fuel oil across more than five decades of continuous use. Petroleum volatile organic compounds — including BTEX and diesel-range organics — exceeded Wisconsin enforcement standards in multiple monitoring wells during sampling conducted from 1994 through 2002, and a 2023 supplemental investigation confirmed that soil at multiple locations continues to exceed residual contaminant level criteria for VOCs, PAHs, and arsenic, indicating an ongoing soil-to-groundwater leaching pathway. The site is an active Wisconsin DNR Environmental Remediation Program case, with a Remedial Action Design Report approved in October 2025. 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.
Bulk petroleum storage and dispensing operations at this property began in the 1930s and continued for more than fifty years before 1986, with four aboveground storage tanks holding diesel fuel, leaded gasoline, and fuel oil throughout decades of continuous use. The soil and groundwater remediation, long-term monitoring, and ongoing compliance work required under the Wisconsin DNR Environmental Remediation Program to address residual petroleum hydrocarbons, VOCs, PAHs, and arsenic contamination 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.
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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.