This property operated as a gasoline service station from 1928 through 1985, with three to four underground storage tanks installed and subsequently removed over nearly six decades of fueling operations. A 2012 Phase II Environmental Site Assessment confirmed petroleum hydrocarbons in groundwater, along with volatile organic compounds — including 1,2-dichloropropane, ethylbenzene, and xylenes — exceeding Wisconsin NR 140 Preventive Action Limits at multiple temporary wells. PAH constituents and barium were also detected above NR 140 standards in groundwater, and the site remains an open case under Wisconsin DNR Environmental Remediation Program oversight. 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 operations at this property spanned from 1928 through the mid-1980s, with three to four underground storage tanks installed and removed over nearly six decades of fueling activity, placing the full history of contaminating operations before 1986. The ongoing groundwater investigation, remediation of petroleum hydrocarbon, chlorinated compound, and metals exceedances identified across multiple well locations, and long-term monitoring required to achieve Wisconsin DNR Environmental Remediation Program closure standards represent future costs that pre-1986 carriers insuring the businesses that operated here 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.