This property has a documented history as a gasoline service station going back to 1935. 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 hosted two separate fueling operations beginning in 1935: a gasoline service station on the southern portion that operated until 1980, and a filling station and auto dealership on the northwestern portion that operated until 1975. Site-wide investigation has revealed reworked historic soil fill containing polycyclic aromatic hydrocarbons (PAHs) and metals across the property, consistent with decades of industrial and commercial activity. Groundwater monitoring has confirmed lead concentrations exceeding Wisconsin's NR 140 Preventive Action Limit, and vapor intrusion risks have been identified in connection with proposed redevelopment of the site. 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.
Fueling operations at this property began in 1935 and continued through 1980, meaning decades of petroleum handling and the introduction of historic fill materials into soil and groundwater all occurred well before 1986. The ongoing site investigation, groundwater remediation for lead concentrations exceeding NR 140 Preventive Action Limits, and vapor intrusion assessment required under Wisconsin DNR's Environmental Remediation Program represent future costs that the historical carriers insuring those 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.
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.