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 dispensing both leaded and unleaded fuel, confirming active fueling operations before the mid-1980s phaseout of leaded gasoline. A prior petroleum release case opened in 1988 documented contamination in soils and groundwater, and a 2021 tank system site assessment confirmed stained soils and petroleum odor throughout the UST excavation zone, with depth to groundwater at approximately seven feet. The site remains an active Wisconsin DNR LUST program case with semi-annual monitoring and reporting ongoing since 2023. 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.
Underground storage tanks at this property were installed and actively dispensing leaded and unleaded gasoline well before 1986, with a petroleum release first documented in 1988 and a 2021 tank system assessment confirming stained soils and petroleum odor throughout the excavation zone at depths near groundwater. The site's ongoing and future obligations under the Wisconsin DNR LUST program — including semi-annual groundwater monitoring, continued site investigation, and the remediation work required to achieve regulatory closure — represent 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
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.