An automobile dealership operated on this property from the mid-1950s through the late 1970s, with service bays equipped with hydraulic hoists for vehicle maintenance and repair. During demolition in 2026, an unregistered underground storage tank attributed to the dealership era was discovered, and a limited site investigation concluded that naphthalene contamination in soil and groundwater is likely related to a historic release from that UST, which may have historically contained diesel fuel. Petroleum contamination has been confirmed in saturated soils at the water table across multiple test locations, with naphthalene detected at concentrations exceeding the NR 720 protection-of-groundwater residual contaminant level and elevated photoionization detector readings recorded at six of eight test pit locations. 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 automobile dealership operations that generated this contamination began in the mid-1950s and continued through the late 1970s, placing the underground storage tank installation and petroleum handling squarely in the pre-1986 window. The groundwater investigation, site remediation, and long-term monitoring required under Wisconsin DNR LUST program oversight — particularly given the confirmed groundwater impact and eastward flow toward the Wisconsin River — represent future costs that those historical 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.