This property has a documented history as a gasoline service station going back to 1939. 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 operated as a service station and auto service facility since 1939, with multiple generations of underground storage tanks installed and removed over more than eight decades. Groundwater contamination exceeding Wisconsin DNR NR 140 enforcement standards has been confirmed at multiple monitoring wells, with benzene concentrations reaching 5,000 parts per billion and xylenes up to 11,300 parts per billion. Contamination has migrated off-site to adjacent properties, prompting continuing obligations and right-of-way notifications, and the Prairie Farm Flowage surface water lies approximately 110 feet to the west. A new benzene exceedance discovered during 2023 tank removal triggered the current open LUST case under Wisconsin DNR 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.
Petroleum fueling and auto service operations at this property began in 1939 and continued for nearly five decades before 1986, with multiple generations of underground storage tanks installed and operated by the businesses at this site during that period. The ongoing groundwater investigation, off-site contamination assessment, benzene and BTEX remediation across multiple monitoring wells, and continued compliance monitoring required under the Wisconsin DNR's LUST program 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
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.