This property operated as a gasoline service station with underground storage tanks, and a 1989 line leak during pump testing released approximately 500 gallons of fuel, triggering a LUST case that was closed in 1994 with residual soil impacts still above groundwater pathway standards. Recent investigation has confirmed significant petroleum contamination in groundwater, with benzene exceeding the NR 140 Enforcement Standard by more than three times at multiple sampling locations, and naphthalene exceeding the Enforcement Standard at both temporary well locations tested. The site is now an active Wisconsin DNR Environmental Remediation Program case, with a site investigation workplan submitted and environmental consultants retained to advance the investigation. 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.
Petroleum fueling operations at this property were actively underway before 1986, with underground storage tank infrastructure supporting years of fuel dispensing that preceded a 1989 line leak releasing approximately 500 gallons of gasoline and triggering a Wisconsin DNR LUST case closed in 1994 with residual soil contamination still above groundwater pathway standards. The site investigation now advancing under the DNR's Environmental Remediation Program — including further delineation of groundwater contamination where benzene exceeds the NR 140 Enforcement Standard by more than three times at multiple sampling locations, remediation of petroleum compounds including naphthalene, and long-term groundwater monitoring — represents substantial future costs that historical 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.