This property has a documented history as a bulk fuel distribution terminal predating 1986. 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 operated as a petroleum distribution bulk plant with more than eleven aboveground storage tanks holding gasoline, diesel, kerosene, aviation fuel, heating oil, and mineral spirits. A gasoline release contaminated soils with petroleum volatile organic compounds (PVOCs), and a prior Wisconsin DNR Environmental Remediation Program investigation confirmed contamination from leaded and unleaded gasoline and diesel fuel, with groundwater exceeding NR 140 Enforcement Standards and contamination migrating to an adjacent public right-of-way. That earlier case was closed in 2009 with continuing obligations for cap maintenance and residual soil and groundwater contamination, and the site has since been reopened as a new active ERP 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.
Petroleum bulk plant operations at this property are documented as early as 1978 through a recorded property conveyance, placing decades of fuel storage and distribution activity well before 1986. The reopened investigation, remediation of residual petroleum contamination in soil and groundwater, ongoing cap maintenance, and any additional corrective action required by Wisconsin DNR 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.
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
The Restorical Proven Process
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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.