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 with underground storage tanks, and evidence of multiple equipment generations — including a 12,000-gallon UST previously closed in place before final removal — points to a long operational history at the site. A site investigation under Wisconsin DNR LUST program oversight has confirmed petroleum volatile organic compounds in soil and groundwater, with benzene concentrations in monitoring well MW-3 exceeding the NR 140 preventive action limit and soil contamination in the saturated zone exceeding NR 720 soil-to-groundwater residual contaminant levels. Remedial excavation and additional groundwater sampling are underway as the investigation continues. 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 presence of multiple generations of underground storage tank equipment at this fueling station is consistent with operations predating 1986, placing the contaminating activity within the pre-1986 window. The ongoing site investigation, groundwater monitoring, remedial excavation, and any further remediation required to achieve Wisconsin DNR closure 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.