This property has a documented history as a bulk fuel distribution terminal going back to 1930. 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 fuel oil bulk storage facility from the 1930s through approximately 2010, with as many as eighteen above-ground storage tanks ranging from 800 to 250,000 gallons in capacity, along with underground storage tanks for kerosene and gasoline. Polycyclic aromatic hydrocarbons — including benzo(a)pyrene, benzo(b)fluoranthene, and chrysene — and heavy metals including lead and arsenic have been confirmed in groundwater at concentrations exceeding Wisconsin NR 140 Enforcement Standards across multiple monitoring wells. Contamination extends to the property boundaries and into a public right-of-way adjacent to the Kinnickinnic River, and an interim remedial action plan calls for the removal of more than 22,000 tons of contaminated fill containing hazardous levels of lead. 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 and distribution operations at this property began in the 1930s and continued through the decades preceding 1986, during which petroleum products and associated contaminants were released into soil and groundwater from as many as eighteen above-ground and underground storage tanks. The ongoing site investigation, removal of more than 22,000 tons of contaminated fill containing hazardous levels of lead, groundwater remediation to meet NR 140 Enforcement Standards, and long-term monitoring represent substantial 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
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.