This property has been in industrial use since at least 1927, with a petroleum bulk storage facility operating from the mid-1930s onward — including an above-ground bulk farm constructed in 1937 and at least nine petroleum storage tanks ranging from a 500-gallon underground gasoline tank to 50,000-gallon above-ground gasoline tanks. Volatile organic compounds, polycyclic aromatic hydrocarbons (PAHs), RCRA metals, trichloroethylene (TCE), and tetrachloroethylene (PCE) have been confirmed in soil, and grab groundwater samples from temporary wells contained benzene, TCE, and PCE at concentrations exceeding Wisconsin NR 140 preventive action limits. Vapor intrusion screening levels have also been exceeded, and the site carries a Historical Waste Site designation with an active Wisconsin DNR Environmental Remediation Program case — a site investigation report, remedial action options report, and remedial action plan have all been approved, and remedial excavation has been authorized. 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.
Petroleum bulk storage and industrial operations at this property date back to at least the mid-1930s — including an above-ground bulk farm constructed in 1937 and multiple petroleum storage tanks — placing decades of contaminating activity squarely within the pre-1986 coverage window. The remedial excavation, continued groundwater investigation, vapor intrusion assessment, and long-term monitoring required to satisfy Wisconsin DNR Environmental Remediation Program closure standards represent substantial future costs that the historical carriers insuring these pre-1986 operations 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.