This property has a documented history as a gasoline service station predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the ongoing cleanup and groundwater monitoring obligations that Wisconsin DNR continues to oversee.
This property has operated as a gasoline service station in Kewaskum since at least the early 1990s, with a prior LUST case opened at the same location in 1993 indicating a long history of petroleum dispensing activity that likely extends back before 1986. A Phase II Environmental Site Assessment in October 2025 detected gasoline contamination from the dispenser area, and subsequent site investigation confirmed groundwater exceedances of NR 140 enforcement standards — including benzene at up to 27.2 µg/L (ES = 5 µg/L) and naphthalene at up to 483 µg/L (ES = 100 µg/L) in monitoring wells. Groundwater flows east-northeast toward the Milwaukee River, and the site remains an active Wisconsin DNR LUST program case with investigation and remediation work ahead. 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.
Petroleum dispensing operations at this property have a documented history extending back more than three decades, with a prior LUST case opened at this location in 1993 and strong indications of fueling activity before 1986. The ongoing site investigation, groundwater monitoring, and remediation required to address benzene and naphthalene contamination exceeding NR 140 enforcement standards represent future costs that the historical pre-1986 carriers of the businesses that operated here 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.