This property was developed in the mid-1950s as a bulk fuel oil storage, mixing, and distribution facility, with 39 aboveground storage tanks and seven underground storage tanks operating on-site over the following decades. Three documented petroleum releases occurred in 1983 and 1984, including a spill of industrial fuel to surface water, and aerial photographs confirm tank infrastructure present from 1963 onward. Groundwater investigations have revealed petroleum volatile organic compounds (PVOCs) and chlorinated volatile organic compounds (CVOCs) exceeding Wisconsin DNR NR 140 Enforcement Standards, PFAS detections in 2019 sampling, and off-site plume migration confirmed by monitoring data as recently as June 2025. The site remains an active Wisconsin DNR Environmental Remediation Program case with an extensive monitoring well network of more than twelve wells and piezometers tracking dissolved-phase contamination. 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 fuel storage and distribution operations at this property began in the mid-1950s and continued through the mid-1980s, with documented petroleum releases in 1983 and 1984 placing the contaminating activity squarely in the pre-1986 window. The ongoing groundwater investigation, off-site plume delineation, PFAS assessment, and remediation work ahead 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.
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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.