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 service station with multiple underground storage tanks, seven of which were removed between 1992 and 1998 after decades of use consistent with pre-1986 installation. A prior LUST investigation at this location (opened 1997, closed 2004) documented historic petroleum contamination from the former fueling operations, and a current Tank System Site Assessment has confirmed that residual benzene contamination persists in soil at concentrations exceeding NR 720 soil-to-groundwater residual contaminant levels, with groundwater encountered at just five to six feet below ground surface and water supply wells located within 250 feet. 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 and operated for decades before 1986, with seven tanks removed between 1992 and 1998 after years of fueling operations that produced the petroleum contamination now documented at this site. The ongoing site assessment, remediation of residual benzene exceeding NR 720 soil-to-groundwater standards, groundwater monitoring, and protection of water supply wells located within 250 feet all represent future cleanup costs that CGL carriers covering the pre-1986 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.
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
The Restorical Proven Process
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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.