This property has a documented history as a property with a heating oil tank predating 1986. 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 1,500-gallon fuel oil underground storage tank was discovered buried beneath this property during earthwork in May 2023 — completely unknown and unregistered, predating federal UST registration requirements established in the mid-1980s. Groundwater sampling from a monitoring well confirmed contamination, with benzene at 0.78 µg/L exceeding the Wisconsin NR 140 Preventive Action Limit of 0.5 µg/L and naphthalene at 19 µg/L exceeding its PAL of 10 µg/L. Wisconsin DNR issued a Closure Not Recommended determination in July 2025, finding that groundwater remains in contact with contamination and directing additional investigation under the LUST program. 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.
The unregistered 1,500-gallon fuel oil underground storage tank discovered at this property in May 2023 predates federal UST registration requirements established in the mid-1980s, placing the fueling operations that caused groundwater contamination squarely in the pre-1986 window. The additional groundwater investigation, any required remediation, and ongoing monitoring directed by Wisconsin DNR's July 2025 Closure Not Recommended determination under the LUST program represent future costs that 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
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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.