This property has a documented history as a gasoline service station going back to 1960. 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 was developed as a gas station and truck stop in the early 1960s, with city permit records and aerial photographs from 1963 and 1975 confirming fueling operations and underground storage tank infrastructure on site. A Phase II Environmental Site Assessment completed in September 2022 revealed severe groundwater contamination, with benzene measured at 2,080 µg/L — more than 416 times the Wisconsin NR 140 Enforcement Standard — along with exceedances for toluene, total xylenes, naphthalene, ethylbenzene, and MTBE across multiple temporary monitoring wells. The site remains an open case under Wisconsin DNR LUST program oversight with investigation and remediation work ahead. 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 in the early 1960s and continued through the pre-1986 period, with city permit records and aerial photographs from 1963 and 1975 confirming decades of underground storage tank use during which contaminants were released into soil and groundwater. The site remains an open case under Wisconsin DNR LUST program oversight, and the substantial future costs of continued investigation, groundwater remediation, and long-term monitoring to meet NR 140 Enforcement Standards are obligations that historical 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
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.