This property operated as a gasoline service station from at least 1955, with underground storage tanks installed before the 1970s to support decades of petroleum dispensing. A 2026 Phase II investigation confirmed that soil and groundwater contamination is attributable to a historic motor fuel release, with pea-gravel UST backfill encountered at depth and PAH-contaminated soil identified as residual product of the release. Free-phase petroleum has been detected on groundwater at two of three monitoring wells, and multiple petroleum compounds exceed Wisconsin NR 140 enforcement standards, with the contaminated groundwater plume likely extending beyond the property boundary. The site is an active Wisconsin DNR LUST case, and more than 630 tons of petroleum-contaminated soil were previously excavated from the adjacent public right-of-way, confirming off-site migration. 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.
Petroleum storage and dispensing operations at this property began at least three decades before 1986, with underground storage tanks installed and operated throughout the 1950s, 1960s, and 1970s. The free-phase petroleum recovery, groundwater remediation to address NR 140 enforcement standard exceedances, and ongoing monitoring of the off-site plume represent future costs that those pre-1986 carriers 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.