This former service station in Chase, Oconto County, housed a petroleum storage and distribution system with multiple underground storage tanks, including tanks that dispensed both leaded and unleaded gasoline — leaded gasoline having been phased out beginning in the 1970s, indicating operations that date to an earlier era. A Phase II Environmental Site Assessment completed in June 2025 confirmed significant groundwater contamination, with monitoring well results exceeding multiple Wisconsin NR 140 enforcement standards: total xylenes at more than twice the enforcement standard, total trimethylbenzenes at more than six times the standard, and naphthalene at nearly five times the standard. The site is an active Wisconsin DNR LUST program case with a site investigation workplan approved and further investigation underway. 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 petroleum contamination at this property originated from the long-term operation of underground storage tanks that stored and dispensed leaded gasoline — a product phased out beginning in the 1970s — establishing that fueling operations at this site were active well before 1986. The ongoing site investigation, groundwater remediation, and long-term monitoring required to resolve the multiple NR 140 enforcement-standard exceedances confirmed by the June 2025 Phase II assessment and reach Wisconsin DNR LUST program closure represent future costs that the historical pre-1986 carriers for 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.