This property operated as a filling station from at least 1926, as documented by Sanborn fire insurance maps from 1926, 1939, and 1945 that show three gasoline underground storage tanks located near the public right-of-way. Petroleum volatile organic compound (PVOC) contamination was discovered in groundwater within the West North Water Street public right-of-way during a Phase 2.5 investigation associated with a WisDOT road reconstruction project. The site is now an active Wisconsin DNR LUST program case, with an environmental consultant retained and investigation underway. 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 date to at least 1926, as documented by Sanborn fire insurance maps from 1926, 1939, and 1945 showing underground gasoline storage tanks on site, placing six decades of active petroleum storage and dispensing squarely within the pre-1986 coverage window. The ongoing groundwater investigation, any required remediation of petroleum volatile organic compound contamination within the public right-of-way, and continued compliance with the Wisconsin DNR LUST program represent future costs that insurance carriers for 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.