A 550-gallon bare steel gasoline underground storage tank, estimated to date from the 1950s or 1960s based on its single-wall construction and the leaded gasoline it contained, was discovered during a separate diesel spill cleanup at this former service station in Holland, Sheboygan County. The unregistered tank had corroded through, and soil contamination extends to at least 12 feet below ground surface — well below the water table at 4.5 to 5 feet — with benzene, ethylbenzene, naphthalene, trimethylbenzenes, and xylenes all exceeding Wisconsin NR 720 groundwater pathway residual contaminant levels. Petroleum sheen was observed on groundwater in the excavation, confirming direct contact between the release and the underlying groundwater resource, and the site is now an active Wisconsin DNR LUST program case. 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 gasoline underground storage tank at this property dates to the 1950s or 1960s — decades before 1986 — and its bare steel construction and leaded gasoline contents confirm that the contaminating operations occurred squarely within the pre-1986 window. The groundwater investigation, soil remediation, and long-term monitoring required to address petroleum contamination extending well below the water table 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.