This property operated as a gasoline service station with three underground storage tanks at 12511 Antioch Road in the Town of Salem. Soil sampling near the western fuel canopy detected benzene at 13 times the NR 720 soil-to-groundwater pathway standard and total trimethylbenzenes at 2.4 times the applicable standard, confirming petroleum contamination in the saturated zone at the water table. Two water supply wells lie within 250 feet of the release and Cross Lake is approximately 450 feet to the east, and a hazardous substance discharge notification was filed with Wisconsin DNR in March 2026. 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.
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.
Although the full operational history of this gasoline service station has not yet been documented through a Phase I ESA, the existing tanks may be replacements for earlier underground storage systems, and branded fuel stations in rural Wisconsin commonly date to the 1950s through 1970s — indicators consistent with fueling operations predating 1986. The groundwater investigation, protection of nearby water supply wells, and remediation required under Wisconsin DNR LUST program oversight 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.
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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.