This property has a documented history as a gasoline service station going back to 1937. 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 filling station operated at this property beginning in the late 1930s, with two 1,000-gallon bare steel underground storage tanks installed in 1937 and confirmed by Sanborn Fire Insurance Maps from the 1940s. The tanks were discovered during excavation for a utility manhole in the adjacent public right-of-way, and soil sampling at the second tank location revealed petroleum contamination with BTEX concentrations — including benzene, toluene, ethylbenzene, xylenes, and naphthalene — exceeding Wisconsin DNR Residual Contaminant Levels. Groundwater investigation remains pending, and Lake Monona lies approximately 600 feet to the southeast, presenting a potential surface water migration pathway that may expand the scope of required investigation under the Wisconsin DNR LUST program. 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.
Underground storage tanks were installed at this property in 1937 to support filling station operations that continued for decades before 1986. The pending groundwater investigation, assessment of a potential surface water migration pathway toward Lake Monona, and soil remediation required under the Wisconsin DNR LUST program represent future costs that insurance carriers for 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.