This property has served industrial and commercial uses since at least 1926, when Sanborn fire insurance maps documented a junkyard at the location, followed by a gasoline filling station with four underground storage tanks shown on 1939 and 1945 Sanborn maps. Petroleum volatile organic compounds (PVOCs) have been confirmed in groundwater within the W North Water Street and N Shawano Street public rights-of-way, with groundwater flowing southwest toward the Wolf River at approximately five feet below grade. The site is an active Wisconsin DNR LUST program case, with the DNR also flagging trichloroethylene (TCE) and vapor intrusion concerns as part of the ongoing investigation. 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.
Underground storage tanks have dispensed petroleum products at this property since at least the late 1930s — as documented by 1939 and 1945 Sanborn fire insurance maps — placing decades of fueling operations well before 1986. The groundwater investigation targeting petroleum volatile organic compounds and trichloroethylene in public rights-of-way, vapor intrusion assessment, and remediation of contamination migrating toward the Wolf River under the active Wisconsin DNR LUST program represent future and ongoing costs that the pre-1986 carriers for 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.
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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.