This property has a documented history as a gasoline service station going back to 1974. 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.
This property has operated as a truck wash and diesel fueling facility since 1974, when two 10,000-gallon and one 4,000-gallon underground storage tanks were installed to support petroleum dispensing operations. The original USTs were removed in December 1986 after approximately twelve years of service, and a previous LUST investigation documented benzene, naphthalene, TCE, and PCE in groundwater monitoring wells, with naphthalene exceeding NR 140 Enforcement Standards. That earlier case was closed in 2004 with continuing obligations for residual soil and groundwater contamination, and a 2023 Tank System Site Assessment identified naphthalene exceeding NR 720 soil-to-groundwater residual contaminant levels at four sample locations, with groundwater encountered at nine feet below ground surface directly within the UST excavation. 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.
Petroleum dispensing and truck wash operations at this property began in 1974 with the installation of underground storage tanks and continued through December 1986, when the original tanks were removed after approximately twelve years of service. The site investigation, groundwater monitoring, and remediation work required under Wisconsin DNR LUST program oversight to address residual petroleum contamination and chlorinated solvent impacts — including naphthalene exceeding NR 720 soil-to-groundwater residual contaminant levels — represent future costs that CGL 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.