This property operated as a gasoline filling station with underground storage tanks as early as 1939, as documented by Sanborn fire insurance maps from 1939 and 1945 showing four gasoline USTs on site. A Phase 2.5 environmental investigation confirmed petroleum hydrocarbon contamination in groundwater at levels exceeding Wisconsin DNR NR 140 Preventive Action Limits and Enforcement Standards, and petroleum volatile organic compound (PVOC) contamination has been identified in soil and groundwater beneath adjacent public rights-of-way. The site is an active Wisconsin DNR LUST program case, with Phase 4 remediation concurrence granted in May 2025. 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.
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.
Fueling operations at this property began as early as 1939, as documented by Sanborn fire insurance maps showing underground storage tanks on site, placing nearly five decades of gasoline storage and dispensing activity squarely within the pre-1986 window. The groundwater remediation, soil cleanup beneath adjacent public rights-of-way, and ongoing monitoring required under this active Wisconsin DNR LUST program case to achieve NR 140 compliance represent future costs that the historical carriers insuring 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.
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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.