This property has a documented history as a gasoline service station going back to 1969. 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 has a documented history of petroleum fueling operations dating to at least the early 1970s, with underground storage tanks replaced in 1994 after a prior release was identified and a LUST case opened in 1993. A Phase II Environmental Site Assessment confirmed residual petroleum contamination in soil and groundwater associated with the historical release, and groundwater sampling across multiple monitoring wells revealed benzene, ethylbenzene, toluene, xylenes, and naphthalene at concentrations far exceeding Wisconsin NR 140 enforcement standards — including benzene at more than ninety times its enforcement standard. The site remains an open case under Wisconsin DNR LUST program oversight with investigation and remediation obligations continuing. 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 began no later than the early 1970s, and the underground storage tanks responsible for the documented release were installed and actively operated well before 1986. The ongoing investigation, groundwater monitoring, and remediation work required under Wisconsin DNR LUST program oversight to address contamination that far exceeds NR 140 enforcement standards — including benzene at more than ninety times its standard — represent substantial 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.