This property has a documented history as an automobile dealership going back to 1965. 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 an automobile dealership with gasoline fueling capabilities beginning in 1965, when an underground storage tank was installed to support on-site vehicle operations. The tank remained in service for nearly six decades before being abandoned with product still present in 2023. Soil sampling at and below the water table revealed exceedances of Wisconsin NR 720 soil-to-groundwater pathway RCLs for benzene, ethylbenzene, naphthalene, trimethylbenzenes, and xylenes, and groundwater monitoring has confirmed benzene concentrations exceeding both NR 140 Preventive Action Limits and Enforcement Standards. The site is an active Wisconsin DNR LUST program case with investigation and remediation work continuing. 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.
Gasoline dispensing operations at this property began in 1965 — more than two decades before 1986 — when an underground storage tank was installed to support on-site vehicle fueling and remained in active service through the pre-1986 period. The ongoing groundwater investigation, soil remediation, and long-term monitoring required under the Wisconsin DNR LUST program to address benzene and petroleum hydrocarbon contamination at this site represent future costs that the 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.
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
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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.