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.

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 repair operations at this property began in the late 1930s and continued through the 1970s, placing decades of contaminating activity squarely within the pre-1986 policy period. With benzene in groundwater exceeding Wisconsin DNR enforcement standards by more than 260 times and contamination confirmed across all three monitoring wells, the further investigation, remediation, and long-term groundwater monitoring required to achieve LUST program closure represent substantial future costs that the historical carriers insuring those pre-1986 operations 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.