This property operated as a gasoline service station with underground storage tanks well before 1986, as confirmed by a previous LUST case opened in 1987 at the same address that documented both petroleum and chlorinated solvent (TCE, PCE) contamination consistent with decades of fueling and degreasing operations. Replacement USTs were removed in April 2024, and a Tank System Site Assessment confirmed residual soil and groundwater contamination from the earlier release. Groundwater sampling in May 2025 revealed significant dissolved-phase petroleum contamination, with benzene, ethylbenzene, naphthalene, toluene, and total xylenes all exceeding Wisconsin NR 140 standards at monitoring well MW-4 — ethylbenzene alone measured nearly four times its preventive action limit. 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.
Underground storage tank operations at this property — including decades of fueling and degreasing activities that produced both petroleum and chlorinated solvent contamination — were well established before 1986, as confirmed by a WDNR LUST case opened at the same address in 1987. The continued groundwater investigation, ongoing monitoring at wells where benzene, ethylbenzene, naphthalene, toluene, and total xylenes exceed NR 140 standards, and the remediation required to address residual soil and groundwater contamination all represent future costs that CGL carriers insuring pre-1986 operations at this site 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.