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 operated as a gasoline service station with underground storage tanks dispensing both leaded and unleaded fuel, and Wisconsin DNR has designated the contamination as historic in origin. The USTs and fuel dispensers have since been removed, but Phase II ESA monitoring wells reveal severe petroleum contamination in groundwater, with benzene, ethylbenzene, naphthalene, toluene, and xylenes exceeding Wisconsin NR 140 Enforcement Standards by four to ten times across multiple wells. The site is an active LUST program case under Wisconsin DNR oversight, with the department issuing a push action in late 2024 requesting progress on investigation and remediation. 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.
The petroleum contamination at this site originated from underground storage tanks that dispensed leaded gasoline, a fuel type characteristic of operations well before 1986, and the Wisconsin DNR has designated the contamination as historic in origin. The severe groundwater contamination documented across multiple monitoring wells, with benzene, ethylbenzene, naphthalene, toluene, and xylenes exceeding NR 140 Enforcement Standards, and the investigation, remediation, and monitoring work still required under LUST program oversight to bring this site toward closure represent future costs that 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.