This property has a documented history as a gasoline service station going back to 1954. 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.
A car wash with underground storage tanks was constructed at this property in 1954 and operated for decades before the facility was eventually demolished and the property left vacant. During 2022–2023 redevelopment, four USTs were discovered abandoned in place with no formal closure records — a classic indicator of legacy petroleum operations. Groundwater sampling from multiple monitoring wells has confirmed severe contamination, with benzene detected at more than forty times the Wisconsin NR 140 enforcement standard and additional petroleum compounds including ethylbenzene, naphthalene, toluene, and xylenes present at elevated concentrations. The site is an active Wisconsin DNR LUST program case with an approved Site Investigation Workplan and ongoing groundwater monitoring. 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.
Underground storage tanks were installed and operated at this property beginning in 1954, generating petroleum contamination for more than three decades before 1986. The ongoing groundwater investigation, monitoring, and remediation required under the Wisconsin DNR LUST program to address benzene concentrations exceeding forty times the NR 140 enforcement standard — along with elevated levels of ethylbenzene, naphthalene, toluene, and xylenes — represent substantial future costs that pre-1986 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.
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.