This property has a documented history as a gasoline service station going back to 1970. 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.
Three single-walled steel underground storage tanks were installed at this property in January 1970 and remained in service for more than 54 years before their removal in May 2024, with aerial imagery confirming petroleum retail operations at the site by 1971. Groundwater sampling at monitoring well MW-01 has revealed multiple exceedances of Wisconsin NR 140 enforcement and preventive action limits, including 1,2,4-trimethylbenzene at nearly four times the enforcement standard and total xylenes at more than three times the preventive action limit. A prior LUST case at this location, opened in 1993 and closed in 2004, had already documented soil and groundwater impacts from these same tanks, and the current case confirms that petroleum contamination persists and requires further investigation and remediation under Wisconsin DNR oversight. 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.
Petroleum storage and dispensing operations at this property began in 1970 with the installation of three single-walled steel underground storage tanks, establishing more than fifteen years of active fueling operations before 1986. The ongoing site investigation, groundwater monitoring at wells showing confirmed NR 140 exceedances, and the remediation work required to reach Wisconsin DNR closure represent future 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.