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 and diesel service station with four underground storage tanks that were in service from at least the early 1990s and, based on standard tank lifecycle analysis, were likely installed during the 1960s or 1970s. The USTs were removed in 2016, and petroleum contamination from decades of fueling operations has been confirmed in groundwater, with benzene concentrations reaching as high as 84,000 µg/L in prior investigations and currently measured between 84 and 1,430 µg/L — far exceeding the Wisconsin NR 140 enforcement standard of 5 µg/L. The contamination plume has migrated beyond the property boundary into the Main Street public right-of-way, and the site remains an active case under Wisconsin DNR LUST program oversight with a site investigation completed in 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.
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 site originated from underground storage tanks that served fueling operations well before 1986, with the tank system likely installed in the 1960s or 1970s and confirmed in service by at least 1991. The ongoing groundwater investigation, plume delineation, and remediation required to bring benzene levels down from concentrations that remain hundreds of times above Wisconsin DNR standards 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.