This property has a documented history as a gasoline service station 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.
A gasoline filling station operated at this property from at least 1937, with three underground storage tanks dispensing leaded gasoline until the facility was razed prior to 1969. Soil borings within the former UST footprints have confirmed petroleum volatile organic compounds (PVOCs) and polycyclic aromatic hydrocarbons (PAHs) at depths of 10 to 18 feet below ground surface, with photoionization detector readings exceeding 527 ppm. Groundwater sampling from temporary monitoring wells has revealed benzene, ethylbenzene, toluene, trimethylbenzenes, and xylene at concentrations exceeding Wisconsin NR 140 Enforcement Standards, with contamination migrating eastward toward the public right-of-way of North 67th Street. 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.
Fueling operations at this property began no later than 1937 and continued through the late 1960s, placing the entire period of underground petroleum storage and dispensing well before 1986. The ongoing groundwater investigation, delineation of the migrating contaminant plume toward North 67th Street, and remediation required to achieve NR 140 Enforcement Standards represent future costs that the historical carriers insuring those pre-1986 operations 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.