This property has a documented history as a gasoline service station going back to 1979. 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.
Three 10,000-gallon underground storage tanks — one diesel and two unleaded gasoline — were installed at this property in 1979 and operated as a fueling station for decades. A Tank System Site Assessment found that 13 of 14 soil samples exceeded Wisconsin DNR NR 720 Residual Contaminant Levels for petroleum compounds, and shallow groundwater was encountered at just 24 inches below ground surface within the tank cavity, confirming that petroleum contamination has reached groundwater. Approximately 35,000 gallons of contaminated water required permitted discharge to the sanitary sewer during tank removal, and the site remains an open LUST case with semi-annual reporting obligations under Wisconsin DNR oversight. 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.
Underground storage tanks were installed at this property in 1979 and fueled operations that were actively contaminating soil and groundwater for years before 1986, placing the origin of this site's petroleum contamination squarely within the pre-1986 policy window. The ongoing groundwater investigation, soil remediation to meet NR 720 Residual Contaminant Levels, permitted discharge management, and continued semi-annual monitoring under the Wisconsin DNR LUST program represent future cleanup costs that 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.
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.