This property has a documented history as a property with a heating oil tank going back to 1970. 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's building first appears on a 1970 aerial photograph, and a 1,000-gallon fuel oil underground storage tank was installed to heat the structure, placing the UST's origin well before 1986. Groundwater sampling in 2024 confirmed benzene at nearly four times the NR 140 Preventive Action Limit and polycyclic aromatic hydrocarbons — including benzo(a)pyrene, benzo(b)fluoranthene, and chrysene — exceeding PALs at multiple monitoring wells. Fuel oil and water were also discharged from a basement sump across the property surface to a ditch line along the western boundary, adjacent to a residential development under construction. The site remains an open Wisconsin DNR LUST case, with residual soil contamination above NR 720 Residual Contaminant Levels and additional information requested by the DNR as of early 2026. 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 oil storage and heating operations at this property date to at least 1970, when a 1,000-gallon underground storage tank was installed to heat the on-site structure — placing more than fifteen years of active use squarely before 1986. The ongoing groundwater investigation, soil remediation to meet NR 720 Residual Contaminant Levels, continued monitoring of benzene and polycyclic aromatic hydrocarbon concentrations against NR 140 standards, and any additional work the Wisconsin DNR requires to close this LUST case 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.