This property has a documented history as a gasoline service station going back to 1983. Historical insurance policies issued during operations at this property and through 1986 could help fund the ongoing cleanup and groundwater monitoring obligations that Wisconsin DNR continues to oversee.
This property has operated as a gasoline service station and convenience store since at least the early 1980s, with three 12,000-gallon underground storage tanks — two gasoline and one diesel — installed in 1983. Petroleum contamination was first discovered in 1994, and this is now the third LUST case opened at the property, with two prior cases closed with residual soil and groundwater contamination left in place. A dissolved-phase contaminant plume exceeding Wisconsin NR 140 enforcement standards and preventive action limits has formed at the water table near the eastern dispenser area and piping run, measuring approximately 64 feet long and 50 feet wide and migrating northwest. Wisconsin DNR did not approve the most recent Site Investigation Report and has requested further investigation, indicating the full extent of contamination may not yet be defined. 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.
Petroleum fueling operations at this property date to at least the early 1980s, with three 12,000-gallon underground storage tanks installed in 1983, placing the origin of contamination squarely within the pre-1986 insurance period. With Wisconsin DNR declining to approve the most recent Site Investigation Report, a dissolved-phase groundwater plume exceeding NR 140 enforcement standards not yet fully delineated, and two prior LUST cases closed over residual contamination, the future costs of further investigation, plume characterization, groundwater monitoring, and remediation are substantial obligations that pre-1986 carriers may be required 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
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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.