This property has a documented history as an automobile dealership going back to 1940. 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 served as an automotive sales and service facility from approximately the 1940s through the 1980s, with petroleum waste handling operations spanning several decades. A waste oil underground storage tank was discovered abandoned beneath the building slab, and a prior closed LUST case addressed a former gasoline UST on the property. Groundwater sampling has revealed benzene and naphthalene at concentrations exceeding NR 140 Enforcement Standards, free product has been encountered in monitoring wells near the former waste oil UST, and nearly 279 tons of contaminated soil were excavated from an adjacent public right-of-way during a 2007 remedial action. 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.
Automotive service operations at this site began decades before 1986 and continued through the 1980s, with petroleum waste handling and underground storage tank use spanning that entire pre-1986 period. The ongoing site investigation, free product recovery, groundwater monitoring, and remediation work ahead under Wisconsin DNR LUST program oversight 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.
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.