This property operated as a gasoline service station with three underground storage tanks — including a 10,000-gallon leaded gasoline tank, a 1,000-gallon diesel tank, and a 1,000-gallon unleaded gasoline tank — all removed in 1987 after years of pre-1986 operation. A Phase II Environmental Site Assessment confirmed groundwater contamination exceeding Wisconsin NR 140 enforcement standards, with benzene, naphthalene, trimethylbenzene compounds, total xylenes, and dissolved lead detected in temporary monitoring wells. The site is an active Wisconsin DNR LUST program case with investigation and remediation work continuing. 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.
The underground storage tanks at this property were installed and operated before 1986, and the presence of a leaded gasoline tank confirms fueling operations during the era when leaded fuel was still in common use, placing the contaminating activity squarely in the pre-1986 window. The groundwater investigation, monitoring well network expansion, and remediation required to address petroleum and lead contamination above NR 140 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.