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.

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.

Fueling operations at this property were underway since at least the late 1970s, with a 250-gallon underground storage tank storing leaded gasoline decommissioned around 1980 as documented in a prior Wisconsin DNR LUST case — placing decades of petroleum handling by the businesses that operated here squarely before 1986. The ongoing pump-and-treat system, the four additional monitoring wells recommended by Wisconsin DNR to delineate the groundwater plume, and any further remediation required to bring benzene concentrations into compliance with NR 140 enforcement standards 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.