This property has operated as a gasoline service station since at least 1978, when four underground storage tanks were installed to store unleaded gasoline and diesel fuel. A Phase II Environmental Site Assessment confirmed severe groundwater contamination, with benzene concentrations exceeding Wisconsin NR 140 enforcement standards by more than twenty times and multiple other petroleum volatile organic compounds — including ethylbenzene, naphthalene, 1,2,4-trimethylbenzene, and total xylenes — also exceeding enforcement standards. Remedial action has included the removal of the original 1978-era USTs in January 2026 along with approximately 1,214 tons of contaminated soil and 2,700 gallons of contaminated groundwater, and further investigation and remediation work under Wisconsin DNR LUST program oversight remains ahead. 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 tanks were installed at this property in 1978 and fueling operations continued through the pre-1986 period, during which petroleum products were released into soil and groundwater. The ongoing groundwater investigation, continued remediation, and long-term monitoring required under Wisconsin DNR LUST program oversight to bring benzene and other petroleum compound concentrations into compliance with NR 140 enforcement standards represent future costs that the historical carriers insuring those pre-1986 operations 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.