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.
This property operated as a gasoline service station in Douglas County with a history of petroleum releases documented as far back as 1991, and a previously abandoned 12,000-gallon fuel oil underground storage tank discovered during 2025 tank removal confirms operations extending well before the current tank system. Petroleum contamination is extensive: groundwater monitoring shows benzene at 35.2 µg/L and total xylenes at 833 µg/L — both exceeding Wisconsin NR 140 Enforcement Standards — and petroleum product has been observed actively seeping into a roadside ditch along US Highway 2, with stained soil, dead vegetation, and free product confirmed by field observations. The onsite potable well also shows benzene and xylenes above Health Advisory Levels, and more than 1,028 tons of contaminated soil have been removed as part of the ongoing Wisconsin DNR LUST program remediation. 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 tank operations at this property date back decades before 1986, as confirmed by petroleum release records from the early 1990s and the discovery during 2025 tank removal of an abandoned 12,000-gallon fuel oil UST that predates the current system. The groundwater remediation, LNAPL recovery from the off-site highway ditch, potable well restoration, and continued monitoring required under the Wisconsin DNR LUST program to reach site closure represent substantial future costs that carriers of 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
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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.