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 fuel cooperative gas station with underground storage tanks that were removed in 1998, and the application of the standard 25-year tank lifecycle rule implies installation no later than the early 1970s. Petroleum contamination is severe: April 2023 temporary well sampling across five locations revealed benzene concentrations up to 2,430 µg/L against a Wisconsin NR 140 Enforcement Standard of 5 µg/L, toluene at 30,300 µg/L against a standard of 800, and xylenes at 16,400 µg/L against a standard of 2,000. The groundwater plume extent has not yet been fully delineated — both downgradient and upgradient boundaries remain under investigation — and the site is an active Wisconsin DNR LUST program case with site investigation work continuing. 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 at this property were installed no later than the early 1970s under the standard 25-year tank lifecycle, and the detection of MTBE in groundwater confirms the petroleum contamination originated during decades of fueling operations that predate 1986. With benzene measured at up to 486 times the applicable NR 140 Enforcement Standard and the full groundwater plume extent still undefined in this active Wisconsin DNR LUST program case, the continuing site investigation, remediation, and long-term monitoring represent substantial future costs that historical 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.
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.