Underground storage tanks at this former service station in Merrill were installed in 1990, and groundwater sampling across multiple monitoring wells has revealed petroleum hydrocarbon contamination well above Wisconsin NR 140 standards — including benzene at nearly ten times the enforcement standard and total trimethylbenzenes at more than seven times the preventive action limit. Wisconsin DNR has also flagged a trichloroethylene (TCE) vapor intrusion concern at the site, suggesting potential chlorinated solvent co-contamination beyond the petroleum findings. An environmental consultant was retained in January 2026 to prepare a remediation work plan under Wisconsin DNR LUST program oversight. 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.
The 1990 underground storage tank installation at this property likely replaced earlier petroleum infrastructure, a pattern consistent with the long operational histories of service station sites and suggesting that fueling operations here may date back well before 1986. The groundwater remediation needed to address benzene and trimethylbenzene concentrations exceeding NR 140 standards, the TCE vapor intrusion investigation, and the ongoing compliance monitoring required under Wisconsin DNR LUST program oversight represent substantial future costs that carriers insuring 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.
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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.