This property has a documented history as a gasoline service station going back to 1971. 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 4,500-gallon single-wall steel diesel underground storage tank was removed from this property in 2023, with aerial photographs confirming a building on site since at least 1971 and the tank's unregistered status and single-wall construction strongly indicating pre-1986 installation. Groundwater monitoring has confirmed benzene contamination, with monitoring well MW-1 reporting benzene at concentrations up to 1.84 µg/L — more than three times the Wisconsin NR 140 Preventive Action Limit of 0.5 µg/L. A closure request was administratively withdrawn, and site investigation and remediation under Wisconsin DNR LUST program oversight remain ongoing. 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.
Aerial photographs confirm a building on this property since at least 1971, and the unregistered, single-wall steel construction of the 4,500-gallon diesel underground storage tank removed in 2023 strongly indicates that fueling operations were established well before 1986. The ongoing groundwater investigation, benzene monitoring, and remediation required under Wisconsin DNR LUST program oversight to achieve site closure represent future costs that insurance carriers for the businesses that operated here before 1986 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.