This property has a documented history as a property with a heating oil tank 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.
A 500-gallon fuel oil underground storage tank was removed from this commercial property in October 2023, revealing significant corrosion and multiple holes consistent with decades of burial. Groundwater sampling confirmed naphthalene concentrations exceeding Wisconsin NR 140 Enforcement Standards at two monitoring locations, with levels reaching 136 parts per billion against a standard of 100 ppb. The site is an active Wisconsin DNR LUST program case, with the initial Site Investigation Report not yet approved and additional groundwater investigation and vapor assessment required by the department. 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.
The extensive corrosion and multiple holes found in the fuel oil tank removed from this property in October 2023 are consistent with installation and active heating oil operations well before 1986. The additional groundwater investigation, vapor intrusion assessment, and remediation that the Wisconsin DNR has directed under the LUST program represent ongoing and 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
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.