This property has a documented history of petroleum operations predating 1986, including underground storage tank use and storage of petroleum containers without secondary containment. A Phase II Environmental Site Assessment confirmed polycyclic aromatic hydrocarbon (PAH) contamination in soil and groundwater, with multiple compounds exceeding Wisconsin NR 140 groundwater standards across all four temporary monitoring wells — including benzo(a)pyrene at more than thirteen times the enforcement standard and benzo(b)fluoranthene at more than twenty-one times the enforcement standard. The site is an active Wisconsin DNR Environmental Remediation Program case, with further 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.
Petroleum storage and handling operations at this property — including underground storage tank use and uncontained petroleum container storage — were conducted well before 1986, placing the origin of documented contamination squarely within the period when Commercial General Liability policies were issued to the businesses that operated here. The further site investigation, soil and groundwater remediation, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program to address PAH contamination exceeding NR 140 groundwater standards represent future costs that those 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.
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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.