This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing cleanup and groundwater monitoring obligations that Wisconsin DNR continues to oversee.
This property has a documented history of gasoline service station operations extending back at least to the late 1980s, with a prior leaking underground storage tank case opened at this same location in 1989 — strong circumstantial evidence that the USTs were installed and operating before 1986. Groundwater sampling has revealed massive exceedances of Wisconsin NR 140 Enforcement Standards, including benzene at more than 1,700 times the standard in the tank sump area and confirmed detections in multiple monitoring wells across the site. Free product (light non-aqueous phase liquid) has been observed, and active investigation and remediation are underway under Wisconsin DNR LUST program oversight. 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.
Underground storage tanks at this property were installed and actively dispensing fuel before 1986, with a prior leaking-tank case opened at this same location in 1989 confirming that contaminated operations were well underway during the pre-1986 period. The ongoing free-product removal, groundwater investigation and monitoring, and full remediation required to meet NR 140 Enforcement Standards under Wisconsin DNR LUST program oversight represent substantial future costs that CGL carriers insuring the businesses that operated here before 1986 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.