Five abandoned bare steel underground storage tanks — ranging from 300 to 2,000 gallons and containing residual leaded and unleaded gasoline — were discovered at this intersection during freeway reconstruction in 2023–2024, confirming decades of former gas station operations at the site. Petroleum spills at this location were documented as early as 1978 and again in 1985, and a previous LUST case at the same corner was opened in 1992. Soil sampling has revealed petroleum contamination exceeding Wisconsin NR 720 groundwater pathway residual contaminant levels by orders of magnitude — benzene at nearly 70 times the applicable standard and trimethylbenzene at more than 40 times — with contamination extending across the state-owned public right-of-way at multiple points across the intersection. Additional investigation has been recommended to define the full extent of soil and possible groundwater contamination. 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 fueling operations at this intersection were well established before 1986, with documented spill events in 1978 and 1985 and leaded gasoline residues confirming decades of active use during that era. The additional soil investigation, groundwater assessment, and remediation work required under the Wisconsin DNR's remediation program to address contamination that has migrated across public rights-of-way at multiple locations represent substantial future costs that the historical pre-1986 carriers for 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.