A filling station with four gasoline tanks operated at this property from at least 1951 through the late 1960s, as documented by Sanborn fire insurance maps, with leaded gasoline confirmed as a released substance. Groundwater sampling at multiple monitoring wells has revealed exceedances of Wisconsin NR 140 Enforcement Standards for petroleum volatile organic compounds — including benzene, ethylbenzene, naphthalene, toluene, trimethylbenzenes, and xylenes — as well as chlorinated compounds including trichloroethylene (TCE) and vinyl chloride. A Site Investigation Report was completed in November 2024 and approved by Wisconsin DNR in January 2025, with a remedial action plan pending as the site remains an active LUST program case. 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.
A filling station dispensing leaded gasoline operated at this property from at least 1951 through the late 1960s — decades before the 1986 policy-year threshold. The remedial action planning, groundwater remediation, and long-term monitoring required under the Wisconsin DNR LUST program to address petroleum and chlorinated solvent contamination exceeding NR 140 Enforcement Standards represent future costs that carriers insuring the businesses that operated here before 1986 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.