A gasoline service station operated at this property from 1932 to 1972, with three underground storage tanks documented on 1937 and 1950 Fire Insurance Maps along East Hillcrest Avenue. Petroleum-related contaminants — including benzene, ethylbenzene, naphthalene, toluene, xylenes, and polycyclic aromatic hydrocarbons — have been confirmed in soil and groundwater, with benzene exceeding the Wisconsin Enforcement Standard and 1,2-dichloroethane exceeding the Preventive Action Limit in monitoring wells. Contamination has migrated off-site across East Hillcrest Avenue, and the groundwater plume flows northeast toward Lake Michigan, approximately 0.4 miles away. 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.
Underground storage tanks at this property were installed and operated as a gasoline service station from 1932 to 1972, placing four decades of contaminating operations entirely within the pre-1986 window when businesses here would have held Commercial General Liability policies from carriers that may now bear responsibility. The site investigation, groundwater remediation addressing benzene concentrations above the Wisconsin Enforcement Standard, off-site contamination assessment across East Hillcrest Avenue, and ongoing monitoring required to reach Wisconsin DNR LUST program closure all represent future costs that those historical 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.
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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.