This property has a documented history as a property with a heating oil tank going back to 1938. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property contained a residential heating oil aboveground storage tank that had been in service since at least the 1930s, as confirmed by a 1938 aerial photograph reviewed during the site investigation. The approximately 150-gallon tank was discovered in a flooded basement during demolition in 2023, with an estimated 35 gallons of fuel oil released into surrounding soil. Groundwater sampling at monitoring well B-4 confirmed naphthalene at 14 µg/L, exceeding the Wisconsin NR 140 Preventive Action Limit, and additional petroleum volatile organic compounds were detected at wells B-3 and B-4. The Wisconsin DNR issued a request for additional investigation of soil and groundwater contamination in December 2024, and the site remains an active Environmental Remediation Program case. 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.
Why Historical Insurance Policies May Be Accessible
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.
A residential heating oil tank was installed and operated at this property from at least the 1930s through its removal in 2023, placing decades of fuel oil storage and use squarely within the pre-1986 policy period. The additional soil and groundwater investigation requested by the Wisconsin DNR in December 2024, along with any remediation needed to address the confirmed naphthalene exceedance and petroleum compound detections at the site, represent future costs that historical 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
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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.