This property operated as a filling station along a corridor in Milwaukee where multiple gas stations were active from at least the late 1930s, and historical aerial imagery confirms the property's progression from farmstead to gasoline service use well before 1986. Petroleum contamination — including naphthalene at concentrations exceeding Wisconsin NR 720 residential soil standards by orders of magnitude, along with benzene, trimethylbenzenes, and other petroleum volatile organic compounds — has been confirmed in soil borings and has migrated beyond the property boundary into the adjacent public right-of-way. The site is an active Wisconsin DNR Environmental Remediation Program case, with excavation and off-site disposal of contaminated soil approved and additional 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.
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.
Filling station operations at this property date to at least the late 1930s, meaning petroleum products were being stored, dispensed, and introduced into the subsurface for decades before 1986. The soil excavation, off-site disposal, and additional investigation and remediation work required to satisfy Wisconsin DNR Environmental Remediation Program closure standards represent future costs that the pre-1986 carriers for 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.