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 dispensing both leaded and unleaded fuel, with a prior leaking underground storage tank case opened in 1988 confirming that tank operations were well established before 1986. A subsequent Tank System Site Assessment identified significant residual petroleum contamination, including benzene in groundwater at more than fifteen times the Wisconsin NR 140 enforcement standard, along with MTBE, naphthalene, toluene, and trimethylbenzenes exceeding preventive action limits. The site remains an open Wisconsin DNR LUST program case with investigation and remediation work ahead. 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 dispensed leaded and unleaded gasoline well before 1986, as confirmed by a Wisconsin DNR LUST case opened in 1988 documenting petroleum contamination originating from that era of operations. The groundwater investigation, remediation of benzene and other petroleum constituents exceeding NR 140 standards, and long-term monitoring required to achieve Wisconsin DNR closure represent future costs that the pre-1986 Commercial General Liability carriers for the businesses that operated here 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.