This property has a documented history as a property with a heating oil tank going back to 1937. 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 housed a commercial bakery operation with a 10,000-gallon steel diesel underground storage tank used to fuel a boiler — an installation characteristic of pre-1986 infrastructure, at a facility with roots dating to 1937. Petroleum contamination from the UST has massively exceeded Wisconsin NR 720 soil-to-groundwater residual contaminant levels, with benzene measured at more than 16,000 times the applicable standard, and groundwater encountered at just one to two feet below grade has been substantially impacted, with contamination extending off-site to the north. Vapor action levels have also been exceeded, and the site remains an active Wisconsin DNR LUST program case with site investigation and remediation work continuing. 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.
Commercial operations at this property date to 1937 and relied on a 10,000-gallon steel diesel underground storage tank with steel piping — infrastructure characteristic of pre-1986 installations — that is the documented source of petroleum contamination at this site. The ongoing site investigation, groundwater remediation, off-site contamination assessment, and vapor mitigation work required under the Wisconsin DNR LUST program represent future costs that the historical pre-1986 carriers for the businesses that operated here 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
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.