This property has a documented history as a gasoline service station going back to 1985. 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 petroleum retail station with a documented release dating to 1985, when the Wisconsin DNR first opened an investigation case. The original remediation effort spanned 18 years and included more than 50 soil samples, 28 groundwater monitoring points, free product and groundwater recovery, and an air sparging/soil vapor extraction system before the initial case reached closure in 2004. Residual petroleum contamination has since been confirmed — including benzene in groundwater at more than 600 times the NR 140 enforcement standard — with a contaminant plume extending beyond property boundaries, and a new LUST case is now open under Wisconsin DNR oversight with site investigation underway. 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.
The petroleum release at this site originated from fueling operations active before 1986, with contamination first documented in 1985 during the facility's pre-1986 operational period. The renewed site investigation, groundwater remediation, and long-term monitoring required to address residual contamination represent future costs that those historical 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.