This property operated as an automobile sales and service facility from approximately 1929 to 1960, with a 500-gallon leaded gasoline underground storage tank serving operations throughout that period. The UST was removed in November 2024, revealing petroleum-impacted soil at depth, and subsequent investigation confirmed that contamination has migrated across the property boundary to the neighboring residential property, where soil probes detected significant concentrations of benzene, naphthalene, toluene, trimethylbenzenes, and other petroleum volatile organic compounds. Wisconsin DNR rejected the Site Investigation Report in February 2026, directing additional work to define the lateral extent of soil contamination, evaluate utility corridor migration pathways, and assess vapor intrusion risk. 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.
Automobile sales, service, and fueling operations at this property ran from approximately 1929 to 1960, placing the entire period of contaminating activity well before 1986. The additional soil delineation, utility-corridor pathway evaluation, vapor intrusion assessment, and any remediation required to reach Wisconsin DNR closure represent future 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.
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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.