This property has a documented history as a public works and maintenance facility 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 served as a vehicle fueling facility with underground storage tanks containing both leaded and unleaded gasoline — a combination that, together with single-wall fiberglass tank construction and non-federally-regulated status, strongly indicates the tanks were in service before 1986. When the USTs were removed in October 2025, contaminated soil was discovered beneath the concrete slab at the base of the tank cavity, and sampling along the south wall of the excavation at fourteen feet of depth revealed elevated concentrations of petroleum compounds including benzene, 1,2,4-trimethylbenzene, and ethylbenzene. Groundwater contamination has been confirmed, with benzene detected at approximately twenty-five times the groundwater pathway RCL, and the site is now an active Wisconsin DNR LUST program case with investigation work underway. 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 underground storage tanks at this property held both leaded and unleaded gasoline in single-wall fiberglass construction without federal regulation — characteristics that place the fueling operations firmly before 1986. The groundwater investigation now underway, the soil remediation required to address petroleum compounds detected beneath the former tank cavity, and the long-term monitoring needed to achieve Wisconsin DNR LUST program closure all represent future costs that the historical pre-1986 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.