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.
Five abandoned single-walled steel underground storage tanks were discovered beneath the State Highway 131 right-of-way in Steuben during road construction, with the property owner confirming the location was formerly occupied by a gas station. The tanks were in extreme disrepair — riddled with holes and entangled with utility infrastructure — and their single-walled steel construction predates the 1988 federal regulations requiring double-walled tanks. Soil sampling revealed petroleum contamination massively exceeding Wisconsin NR 720 soil-to-groundwater pathway standards, with xylenes at more than 80 times the residual contaminant level, 1,2,4-trimethylbenzene at more than 200 times, and ethylbenzene and naphthalene at 60 and 50 times their respective standards. With groundwater encountered at approximately ten feet below ground surface, further investigation into groundwater contamination has been recommended. 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 fueling operations at this property relied on single-walled steel underground storage tanks that were in use well before 1986, a period during which petroleum products were leaking from the deteriorating tanks into surrounding soil and migrating toward groundwater. The investigation of groundwater conditions, delineation of contamination beneath the State Highway 131 right-of-way, and remediation work ahead under Wisconsin DNR LUST program oversight represent future costs that the historical 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.