This property has operated as a gasoline service station since the 1930s, with underground storage tanks in place for decades before additional 12,000-gallon and 5,000-gallon gasoline USTs were installed in 1976. Petroleum releases were confirmed from these long-running fueling operations, including a documented spill incident in 1983, and a widespread groundwater plume has migrated off-site into the public right-of-way and onto adjacent municipal property. Seven monitoring wells — four on-site and three off-site — have confirmed groundwater exceedances of Wisconsin NR 140 standards, and the site was reopened by Wisconsin DNR in 2023 after tank removal revealed significantly elevated contamination levels, with a Subsurface Investigation Report submitted in March 2025. 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 fueling operations at this property date to the 1930s, with underground storage tanks installed and actively dispensing fuel for decades before 1986 — including additional gasoline USTs added in 1976 and a documented spill incident in 1983. The ongoing Wisconsin DNR-directed subsurface investigation, groundwater monitoring across seven on-site and off-site wells, and the remediation required to address a widespread plume that has migrated into the public right-of-way and onto adjacent municipal property represent substantial future costs that the historical pre-1986 carriers insuring those operations 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.