Gas Station cleanup site — Restorical Research
Marshall Petroleum
Marshall, Dane County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the ongoing cleanup and groundwater monitoring obligations that Wisconsin DNR continues to oversee.

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.

Former Use
Former Gas Station
LocationMarshall, Dane County
Historical UseGas Station
Est. Operating SincePredating 1986
DNR ProgramLeaking UST Program
Contamination & Investigation
Site Assessment Summary
ContaminantsPetroleum hydrocarbons including benzene in soil and groundwater
Regulatory ProgramWisconsin DNR — NR 700
BRRTS #03-13-592514

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.

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.

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

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether viable insurance coverage exists to fund the cleanup, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.