This property served as a trucking terminal from 1968 through 2005, with two 10,000-gallon diesel underground storage tanks installed in 1973 and removed in 1988. A documented 1981 diesel spill and decades of fueling operations have resulted in benzene, xylene, naphthalene, and diesel-range organics in soil and groundwater, with multiple monitoring wells exceeding Wisconsin Enforcement Standards — including benzene concentrations more than fifteen times the standard and a xylene plume extending off-site to the east. The site remains an active case under Wisconsin DNR LUST program oversight with investigation and remediation work ongoing. 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.
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.
The petroleum contamination at this site originated from underground storage tanks installed in 1973 and operated through the mid-1980s, with a documented 1981 diesel spill confirming active contamination well before 1986. The groundwater remediation, plume monitoring, and compliance work required to meet Wisconsin Enforcement Standards represent future costs that those historical 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.
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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.