This property operated as a petroleum service station well before 1986, with underground storage tanks dispensing fuel over decades of continuous use. A 2025 tank system site assessment conducted during removal of five USTs confirmed extensive petroleum volatile organic compound (PVOC) contamination in soil, with groundwater sampling revealing benzene concentrations exceeding Wisconsin NR 140 enforcement standards — including a reading of 251 µg/L in one sump location. The contamination has been attributed to the site's prior LUST case, which also documented petroleum contamination migrating off-property into a public right-of-way, and the site remains an open case under Wisconsin DNR LUST program 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.
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.
Petroleum storage and dispensing operations at this property were conducted for decades before 1986, with underground storage tanks continuously dispensing fuel throughout that pre-1986 period. The soil remediation, groundwater investigation, and ongoing monitoring required under Wisconsin DNR LUST program oversight to address benzene exceedances and off-property contamination migration represent future costs that the historical pre-1986 carriers insuring the businesses that operated here 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.