This property has a documented history as a gasoline service station going back to 1983. 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 gasoline service station beginning in 1983, when three single-wall fiberglass underground storage tanks were installed to dispense diesel and unleaded fuel. The tanks remained in service for 38 years until their removal in December 2021, at which point a Tank System Site Assessment revealed significant petroleum volatile organic compound contamination in soils beneath the gasoline USTs at approximately 13 feet below grade. A monitoring well network with quarterly groundwater sampling has confirmed petroleum VOCs in groundwater, which flows northeast toward Little Saint Germain Lake approximately 500 feet from the former tank system, through sandy soils that facilitate contaminant migration. 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.
Fuel-dispensing operations at this property began in 1983 with the installation of three single-wall underground storage tanks, meaning the businesses that operated here were actively storing and dispensing petroleum for three years before 1986. The ongoing groundwater investigation, quarterly monitoring-well sampling, and remediation required under Wisconsin DNR oversight to address petroleum VOCs migrating through sandy soils toward Little Saint Germain Lake represent future cleanup 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
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.