A 1,000-gallon bare steel underground storage tank containing leaded gasoline was discovered and removed from this former industrial and machining property in June 2025, found during investigation of a related Wisconsin DNR case at the same facility. The unprotected steel construction and leaded fuel contents are characteristic of tanks installed before 1986. Groundwater sampling revealed benzene concentrations exceeding the NR 140 enforcement standard by more than 2,500 times, along with elevated levels of ethylbenzene and naphthalene, and the notification confirms off-site groundwater contamination extending into the public right-of-way and within 100 feet of a private well. 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.
The industrial and machining operations at this property relied on a bare steel underground storage tank containing leaded gasoline — construction and fuel characteristics that place the period of contamination squarely before 1986. The groundwater investigation, off-site contamination assessment, private well evaluation, and remediation work required to address benzene concentrations exceeding Wisconsin DNR enforcement standards by more than 2,500 times represent substantial future costs that the historical 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.