This property operated as a gasoline service station with underground storage tanks for decades before 1986, as evidenced by the presence of leaded gasoline contamination and petroleum-related compounds in soil and groundwater. Dissolved-phase petroleum contamination has been confirmed across multiple monitoring wells, with benzene concentrations reaching nearly 20,000 parts per billion on site, and off-site monitoring wells on adjacent properties along Williamson Street have detected benzene at concentrations well above regulatory standards — confirming that the groundwater plume has migrated beyond the property boundary. An off-site vapor intrusion assessment was conducted in 2024, and the site remains an active Wisconsin DNR LUST program case with ongoing investigation and monitoring. 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 dispensed leaded gasoline and other petroleum products for decades before 1986, releasing contaminants into soil and groundwater during a period when the businesses operating here carried Commercial General Liability insurance. The substantial future costs of continued groundwater monitoring across on-site and off-site wells, further plume delineation along Williamson Street, vapor intrusion assessment, and remediation required under the Wisconsin DNR LUST program to address benzene contamination that has migrated beyond the property boundary are obligations that those pre-1986 carriers may be required 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.