This property has a documented history as a gasoline service station predating 1986. 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.
This property operated as a gasoline service station with underground storage tanks well before 1986, as confirmed by a prior LUST case opened with Wisconsin DNR in 1993. Single-wall steel tanks consistent with pre-1986 installation standards were removed in 2022, and soil sampling beneath the former dispenser area revealed benzene concentrations exceeding 26,000 times the NR 720 soil-to-groundwater residual contaminant level. A groundwater plume has migrated beyond the property boundary into the South 27th Street right-of-way, and the site remains an active Wisconsin DNR LUST program case with investigation and remediation ahead. 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.
Petroleum fueling operations at this property, including the use of single-wall steel underground storage tanks, were under way well before 1986, as confirmed by a Wisconsin DNR LUST case first opened in 1993 and by tank construction consistent with pre-1986 installation standards. The groundwater investigation, off-site plume delineation along the South 27th Street right-of-way, and remediation required to bring benzene concentrations into compliance with NR 720 soil-to-groundwater standards represent substantial 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.
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
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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.