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 formerly operated as a gasoline service station, with three abandoned underground storage tanks discovered during state highway storm sewer construction. The USTs — single-walled steel tanks ranging from 250 to 500 gallons, in deteriorated condition with visible holes — were unregistered and had been forgotten to the point that a fiber optic line had been bored through them. Soil sampling at the tank excavation locations confirmed petroleum volatile organic compounds, including ethylbenzene, naphthalene, toluene, trimethylbenzenes, and xylenes, exceeding Wisconsin NR 720 Soil to Groundwater Pathway residual contaminant levels, with groundwater encountered at approximately ten feet below ground surface. 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 gasoline service station at this property relied on single-walled steel underground storage tanks whose design and deteriorated condition are consistent with installation and operation well before 1986. The site investigation, groundwater pathway assessment, and remediation required under Wisconsin DNR LUST program oversight represent 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.
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.