This property has a documented history as a gasoline service station predating 1986. 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.

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 operations at this property, including the use of underground storage tanks, were conducted for decades before 1986, with contamination from those operations first reported to Wisconsin DNR in 1990 and confirmed by the 2023 tank removal to have persisted at concentrations exceeding historical investigation levels. The ongoing site investigation, groundwater remediation to meet NR 140 Enforcement Standards, and cleanup of off-site migration affecting an adjacent parcel and public right-of-way represent substantial future costs that the pre-1986 commercial general liability carriers for 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.