This property operated as a gasoline service station with underground storage tanks, and multiple prior environmental cases on and adjacent to the property confirm a history of petroleum operations at this location. Groundwater sampling at monitoring well GP-3 revealed severe contamination, with benzene concentrations at 175 times the Wisconsin NR 140 enforcement standard, along with elevated levels of ethylbenzene, toluene, xylenes, and naphthalene. The site is an active Wisconsin DNR LUST program case with ongoing investigation, including additional monitoring wells installed and multiple groundwater sampling events conducted through 2024 and 2025. 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 before 1986, and the severe groundwater contamination — including benzene at 175 times the NR 140 enforcement standard — has been attributed to those historical fueling activities rather than to any current owner. The ongoing LUST program investigation, additional monitoring well installation and sampling, and the remediation work required to bring contaminant levels into compliance with Wisconsin DNR standards 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.