This property is an active fueling station in Wisconsin Rapids with underground storage tanks installed in 1997, potentially replacing earlier tank infrastructure at the site. A leaking underground storage tank release has been confirmed, with groundwater sampling revealing benzene concentrations up to 154 µg/L and naphthalene at 127 µg/L — both well above Wisconsin NR 140 enforcement standards — along with total trimethylbenzene levels exceeding screening thresholds. The contamination plume is migrating to the west and southwest, and additional off-site monitoring wells have been recommended to define the full extent of the release under Wisconsin DNR LUST program oversight. 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.
Petroleum fueling operations at this property may date back well before 1986, given that the underground storage tanks installed in 1997 potentially replaced earlier tank infrastructure at the site. The ongoing LUST program investigation, installation of additional off-site monitoring wells to delineate the migrating groundwater plume, and the remediation needed to bring benzene and naphthalene concentrations below NR 140 enforcement standards all represent future costs that historical carriers covering 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.