This property was developed for industrial and commercial purposes beginning in the late 1950s and was redeveloped as a petroleum service station between 1976 and 1980, with underground storage tanks dispensing leaded gasoline and other petroleum products well before 1986. Benzene has been detected above Wisconsin DNR NR 140 Enforcement Standards in multiple monitoring wells, and MTBE and naphthalene exceed Preventive Action Limits across the site. The groundwater plume has not yet been fully delineated to the north, east, and south, indicating that contamination has migrated off-site and may extend beyond currently documented boundaries. 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.
Industrial and commercial operations began at this property in the late 1950s, and it was redeveloped as a petroleum service station between 1976 and 1980, with underground storage tanks dispensing leaded gasoline and other petroleum products years before 1986. The investigation still needed to fully delineate the groundwater plume — which has migrated off-site and remains undefined to the north, east, and south — together with remediation of benzene concentrations that exceed Wisconsin DNR NR 140 Enforcement Standards and long-term groundwater monitoring to achieve compliance, represent future costs that the historical carriers insuring these pre-1986 operations 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.