This property has a documented history as a gasoline service station going back to 1967. 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.
Two gasoline service stations on adjacent properties operated with underground storage tanks installed as early as 1967, with four confirmed petroleum releases documented between 1990 and 2001 and associated groundwater impacts. Petroleum contamination has migrated across property boundaries into soil at this property, where a Phase II investigation found ethylbenzene at 1,900–2,300 µg/kg — exceeding the NR 720 soil-to-groundwater pathway residual contaminant level of 1,570 µg/kg — along with photoionization detector readings of 1,248 ppm and strong petroleum odors at six to nine feet below ground surface. Arsenic in soil was also detected above the soil-to-groundwater pathway standard, and the site is now enrolled in the Wisconsin DNR Environmental Remediation Program 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.
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.
The petroleum contamination affecting this property originated from underground storage tanks installed as early as 1967 and operated at neighboring facilities well before 1986. The additional site investigation, soil and groundwater remediation, and ongoing monitoring and compliance work required under the Wisconsin DNR Environmental Remediation Program to address petroleum and arsenic contamination that has migrated onto this property 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.
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.