This property has a documented history as a bulk fuel distribution terminal predating 1986. 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 large-scale bulk fuel storage and distribution facility with more than 74 aboveground storage tanks across two tank farms, along with mineral spirits recycling and solvent recycling operations, all well before 1986. A 1993 source area investigation documented widespread contamination from multiple sources accumulated over decades of operations, identifying chlorinated solvents, mineral spirits, volatile organic compounds, and polycyclic aromatic hydrocarbons in soil and groundwater. Contamination has migrated off-site to an adjacent municipal playfield, where a 2019 excavation breached a recovery trench installed in the early 1990s and released oily water requiring the removal of more than 15,000 gallons of contaminated water. Ongoing groundwater monitoring continues to show PAH and VOC exceedances above Wisconsin DNR NR 140 standards in multiple wells, and a vapor intrusion assessment has been initiated. 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.
Bulk fuel storage, solvent recycling, and distribution operations at this facility were well established before 1986, with contamination accumulating from numerous sources across the property over decades of active use. The extensive groundwater remediation, off-site contamination cleanup, vapor intrusion investigation, and long-term monitoring required under Wisconsin DNR Environmental Remediation Program oversight represent substantial future costs that those 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
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.