This property has a documented history as a gasoline service station going back to 1968. 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 petroleum service station with underground storage tanks dating to the late 1960s, and a prior LUST case opened in 1992 confirms a long history of petroleum operations at this location. Current site investigation has detected benzene in soil at more than 113 times the Wisconsin DNR soil-to-groundwater residual contaminant level, along with ethylbenzene, xylenes, trimethylbenzenes, and naphthalene exceeding screening thresholds by orders of magnitude. With groundwater at only five feet below grade, petroleum contamination of groundwater is virtually certain, and monitoring wells have been proposed as part of the active LUST program investigation. 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 began in the late 1960s, with underground storage tanks in use for nearly two decades before 1986 and a prior LUST case opened in 1992 confirming a long history of petroleum contamination at this location. The site investigation, groundwater monitoring well installation, and remediation work required ahead under Wisconsin DNR LUST program oversight — driven by benzene detected in soil at more than 113 times the residual contaminant level and near-certain groundwater contamination at only five feet below grade — represent future costs that 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
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.