This property has a documented history as a property with a heating oil tank going back to 1956. 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.
Multi-family residential buildings were constructed at this property between 1956 and 1963, served by a fuel oil underground storage tank that operated for decades until the buildings were razed between 2018 and 2020. Residual petroleum hydrocarbons from the former UST have contaminated soil and groundwater, with naphthalene exceeding Wisconsin NR 140 Enforcement Standards and Preventive Action Limits in six monitoring wells along the northern site boundary, and benzene exceeding the NR 140 PAL in an additional well. Contaminated groundwater has migrated beyond the property boundary into the public right-of-way along W. Mitchell Street. A Site Investigation Report was submitted to Wisconsin DNR in April 2025 under the Environmental Remediation Program, and further investigation and remedial action remain 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.
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.
Operations at this property began in the late 1950s when a fuel oil underground storage tank was installed to serve multi-family residential buildings, and that tank continued operating for decades before 1986, during which time petroleum hydrocarbons were released into soil and groundwater. The further site investigation, groundwater remediation, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program to resolve naphthalene and benzene contamination that has migrated beyond the property boundary into the W. Mitchell Street public right-of-way represent significant 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.
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
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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.