This property has a documented history as a property with a heating oil tank 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.
A 550-gallon residential fuel oil underground storage tank was removed from beneath the garage floor of this Maple Bluff property in November 2022, revealing significant petroleum contamination including naphthalene concentrations up to 10,700 µg/kg in excavation soils. Groundwater sampling confirmed exceedances of Wisconsin NR 140 Enforcement Standards for benzene (12.4 µg/L, more than twice the standard), naphthalene (720 µg/L, more than seven times the standard), and fluorene, with additional PAHs and trimethylbenzenes detected above preventive action limits. Vapor action levels for naphthalene have been exceeded in the residence basement and first floor, and the groundwater plume flows west toward Lake Mendota, approximately 1,200 feet from the site. The site is an active Wisconsin DNR LUST program case with investigation and vapor intrusion assessment 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.
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 550-gallon residential fuel oil underground storage tank removed from beneath this Maple Bluff property in November 2022 was part of a system installed and operated well before 1986, and the significant petroleum contamination it caused — including soil naphthalene at 10,700 µg/kg and groundwater benzene and naphthalene concentrations exceeding NR 140 Enforcement Standards — is consistent with decades of fuel storage operations originating during that pre-1986 window. The ongoing Wisconsin DNR LUST program site investigation, vapor intrusion assessment and remediation at the residence, groundwater monitoring to track the plume migrating toward Lake Mendota, and any further cleanup required to achieve NR 140 compliance represent future costs that historical pre-1986 CGL 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.
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
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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.