This property operated as a gasoline service station with underground storage tanks before the current structure was built in 1986. Phase I and Phase II investigations in 1995–1996 confirmed petroleum contamination in soil and shallow groundwater, leading to the excavation of approximately 1,665 tons of petroleum-impacted fill in the late 1990s, though residual contamination persisted and quarterly groundwater monitoring through 1999 showed benzene concentrations as high as 4,800 µg/L — well above NR 140 enforcement standards. Although Wisconsin DNR granted conditional closure with a groundwater use restriction in 2000, a 2025 sub-slab vapor assessment detected both chlorinated solvents (TCE, PCE, dichlorodifluoromethane) and petroleum VOCs (benzene, ethylbenzene) exceeding WDNR Vapor Risk Screening Levels, prompting reopening of the case under the Environmental Remediation Program. 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 petroleum contamination at this site originated from gasoline service station operations that predate 1986, placing the contaminating activity within the pre-1986 window. The renewed investigation, vapor intrusion assessment, and remediation work now required under Wisconsin DNR oversight represent future costs that those historical 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.