This property at 700 Grand Avenue in Wausau hosted a gasoline filling station from 1961 to 1976, and a ground-penetrating radar survey has identified three underground storage tanks that remain abandoned in place from that era. Historical urban fill material of unknown origin is present throughout the property, predating the residential dwellings built in the 1950s and 1960s. A Phase II investigation confirmed groundwater contamination exceeding Wisconsin DNR standards: multiple polycyclic aromatic hydrocarbons (PAHs) exceed NR 140 Preventive Action Limits at four monitoring wells, and lead was measured at 954 µg/L at well SB-2 — more than 60 times the NR 140 Enforcement Standard of 15 µg/L. The site is an active Environmental Remediation Program case with site investigation and remedial action design approved by Wisconsin DNR. 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.
Historical urban fill material was deposited at this property before the 1950s, and a gasoline filling station operated here from 1961 through 1976, introducing PAHs, lead, and other contaminants into soil and groundwater well before 1986. The ongoing groundwater investigation, management and potential closure of three abandoned underground storage tanks, and remedial action required to address PAH and lead concentrations exceeding NR 140 standards represent future costs under Wisconsin DNR's Environmental Remediation Program that pre-1986 liability carriers for the businesses that operated here 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.