This property operated as a gasoline service station from 1960 through 1974, following earlier commercial development dating to at least 1937. Petroleum contamination — including benzene, toluene, ethylbenzene, xylenes (BTEX), trimethylbenzenes, and naphthalene — has been confirmed in soil and groundwater, with benzene concentrations exceeding Wisconsin NR 140 enforcement standards and BTEX concentrations exceeding preventive action limits. The contamination has migrated beyond the property boundary into an adjacent public right-of-way, and the site remains an active Wisconsin DNR Environmental Remediation Program case with further investigation and remediation work ahead. 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.
Gasoline service station operations at this property ran from 1960 through 1974 — with earlier commercial use dating to at least 1937 — meaning all contaminating activities took place well before 1986. The outstanding investigation into off-property contamination migration, remediation needed to bring groundwater benzene and BTEX concentrations into compliance with Wisconsin NR 140 enforcement standards, and long-term monitoring required under the DNR's Environmental Remediation Program 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.