This property has a documented history as a public works and maintenance facility predating 1986. 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 has served as a municipal garage facility with a history of both petroleum storage and outdoor road salt storage operations. A prior LUST case on the same property involved 1,000-gallon gasoline and diesel underground storage tanks with investigation and corrective action work dating to the mid-1990s, and the current ERP case addresses chloride contamination from uncovered road salt storage that has migrated into groundwater. On-site groundwater chloride concentrations have been measured at nine times the Wisconsin NR 140 enforcement standard, and an adjacent residential well has also exceeded the enforcement standard — confirming off-site migration of contamination. 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.
Petroleum storage and road salt handling operations at this property have a documented history extending well before 1986, as evidenced by the underground storage tank infrastructure associated with the property's prior LUST case and the site's long-standing use as a municipal garage facility. The continued site investigation, groundwater remediation required to address a chloride plume measured at nine times the NR 140 enforcement standard with confirmed off-site migration to an adjacent residential well, and long-term monitoring under Wisconsin DNR Environmental Remediation Program oversight represent future obligations 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
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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.