This property has a documented history as a property with a heating oil tank 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.
A 1,000-gallon fuel oil underground storage tank was removed from this property in April 2024, and the Wisconsin DNR action description confirms the site includes historic contamination. A June 2024 site investigation detected benzene and naphthalene in groundwater at concentrations exceeding NR 140 standards — benzene was measured at more than fifteen times the preventive action limit at one sampling location, and naphthalene exceeded its preventive action limit at multiple locations. Wisconsin DNR has directed the installation of NR 141 monitoring wells to further delineate the extent of groundwater contamination and determine flow direction, and the site remains an active 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.
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 contamination at this property originated from a 1,000-gallon heating oil underground storage tank with an operational history consistent with infrastructure predating 1986. The ongoing groundwater delineation, NR 141 monitoring well installation, and remediation directed by the Wisconsin DNR under the LUST program represent future costs that historical pre-1986 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
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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.