This property has a documented history as a gasoline service station 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.
This property operated as a gasoline service station before 1986, with a Phase II Environmental Site Assessment documenting historical fueling operations and a 500-gallon fuel oil underground storage tank that was removed in the 1990s. Groundwater sampling from monitoring well TW-1 has revealed severe contamination, with benzene at more than four times the Wisconsin NR 140 Enforcement Standard, toluene at more than fourteen times the standard, and additional exceedances for 1,2,4-trichlorobenzene, 1,3,5-trichlorobenzene, and naphthalene. A site investigation workplan has been submitted and the case remains open under Wisconsin DNR LUST program oversight. 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 traces to gasoline storage and dispensing operations that were actively underway before 1986, including the use of a 500-gallon fuel oil underground storage tank documented by a Phase II Environmental Site Assessment. The site investigation now under way, the groundwater remediation needed to bring benzene, toluene, and other contaminants below NR 140 Enforcement Standards, and the long-term monitoring required under Wisconsin DNR LUST program oversight represent substantial future costs that commercial general liability carriers who insured the businesses that operated here before 1986 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.