This property operated as an automotive dealership with repair services and on-site petroleum filling stations equipped with undocumented underground storage tanks that dispensed leaded gasoline — a fuel phased out by the mid-1980s. A Phase II investigation in early 2026 confirmed groundwater contamination at all five monitoring wells, with benzene and toluene exceeding Wisconsin NR 140 Enforcement Standards at one location and ethylbenzene, xylenes, and trimethylbenzenes exceeding Enforcement Standards at another. Trichloroethylene (TCE), a chlorinated solvent degreaser consistent with long-standing automotive repair operations, has also been flagged by the Wisconsin DNR as a vapor intrusion concern. 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.
The petroleum and solvent contamination at this site originated from automotive fueling and repair operations that predate 1986, as evidenced by the presence of leaded gasoline and undocumented underground storage tanks that predate 1988 UST regulations. The ongoing groundwater investigation, TCE vapor intrusion assessment, and remediation work required to reach Wisconsin DNR closure 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.
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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.