This property has operated as a gasoline service station since at least the early 1990s, when a prior LUST case resulted in the removal of underground storage tanks and excavation of approximately 120 cubic yards of petroleum-affected soil. The USTs removed in 1991 are consistent with pre-1986 installation based on standard tank lifecycle timelines. A 2023 Limited Phase II investigation confirmed ongoing groundwater contamination, with benzene detected at levels exceeding the Wisconsin NR 140 Preventive Action Limit, and the site remains an open case under Wisconsin DNR LUST program oversight. 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.
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.
Underground storage tanks at this property were almost certainly installed and dispensing fuel well before 1986, with tank removals in 1991 and soil excavation confirming decades of petroleum operations consistent with pre-1986 activity. The ongoing groundwater investigation, monitoring, and remediation work required to address benzene levels exceeding Wisconsin NR 140 Preventive Action Limits and achieve WDNR LUST program closure represent future costs that historical pre-1986 carriers for the businesses that operated here 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.
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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.