This property has a documented history as a gasoline service station predating 1986. 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 a gasoline service station with four 4,000-gallon underground storage tanks that were in place by at least 1992 and, based on their continuous operation through approximately 2016, were almost certainly installed before 1986. Soil sampling in 1992–1993 revealed extensive petroleum contamination, with benzene concentrations reaching 6,200 ppb and toluene at 29,000 ppb, and the groundwater plume had already migrated off-site by that time — indicating contamination had been developing over many prior years. The original LUST case was closed in 2011 with residual contamination and continuing obligations, but a new release was discovered during tank removal in 2024, reopening the site under Wisconsin DNR LUST program oversight with additional soil contamination exceeding groundwater pathway RCLs. 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.
Underground storage tanks at this property were installed and actively dispensing fuel well before 1986, with soil sampling in the early 1990s confirming extensive petroleum contamination — including benzene at 6,200 ppb and an off-site groundwater plume — that had clearly been developing for years prior. The reopened WDNR LUST investigation triggered by the 2024 tank-removal release, along with ongoing soil remediation, groundwater plume cleanup extending onto neighboring properties and public rights-of-way, and long-term monitoring to satisfy NR 700 closure standards, represent substantial future costs that 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
The Restorical Proven Process
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.