This property operated as a full-service gas station and service center in Shawano, with four underground storage tanks handling waste oil, fuel oil, diesel, and unleaded gasoline. A previous Leaking Underground Storage Tank case was closed in 2006 with Continuing Obligations due to remaining petroleum contamination in soil and groundwater, and the Wisconsin DNR has explicitly characterized the contamination at this location as historic. A 2025 Geoprobe investigation confirmed groundwater contamination exceeding multiple NR 140 enforcement standards and preventive action limits, including benzene, total xylenes, trimethylbenzenes, naphthalene, and tetrachloroethene. 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.
The contamination at this property has been characterized by the Wisconsin DNR as historic, resulting from long-term fueling, vehicle service, and underground storage tank operations conducted at this location before 1986. The ongoing and future groundwater investigation, monitoring, and remediation work required to resolve exceedances of multiple NR 140 enforcement standards and preventive action limits — including benzene, total xylenes, trimethylbenzenes, naphthalene, and tetrachloroethene — represent costs that CGL carriers insuring the businesses that operated here before 1986 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.