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 fueling operations at this property began decades before 1986, as evidenced by lined steel underground storage tanks with fiberglass piping consistent with that era and by historic soil borings conducted between 2003 and 2008 that revealed significant petroleum contamination at depth. The ongoing soil and groundwater investigation, remediation of benzene, ethylbenzene, naphthalene, trimethylbenzenes, and xylenes exceeding Wisconsin DNR NR 720 residual contaminant levels, and long-term monitoring required to achieve LUST case closure represent 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.