This property served as a commercial gravel pit with petroleum storage from at least 1955, with multiple underground storage tanks — including a 20,000-gallon fuel oil tank, a 6,000-gallon diesel tank, and several gasoline tanks — installed and operated well before their removal between 1987 and 1988. Subsurface investigations in 2021 and 2025 confirmed benzene and bromodichloromethane exceeding Wisconsin NR 140 preventive action limits in groundwater, and tetrachloroethylene (PCE) and chloroform were found in soil above groundwater protection levels at multiple boring locations, indicating active contaminant migration. Wisconsin DNR rejected a no-action recommendation from the site consultant, opened an Environmental Remediation Program case, and designated a responsible party — signaling regulatory concern about the extent of contamination and the remediation work required. 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.
Commercial gravel-pit and petroleum-storage operations at this property date to at least 1955, with multiple underground storage tanks installed and used continuously through the decades preceding 1986. The subsurface investigation, groundwater remediation, and long-term compliance monitoring now required under Wisconsin DNR's Environmental Remediation Program represent ongoing and future cost obligations 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.
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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.