This property has been in continuous industrial use since at least 1975, when heavy truck service and repair operations began following an earlier period of boat manufacturing. A 4,000-gallon gasoline underground storage tank was removed in 1986 and an 8,000-gallon waste and used oil tank was removed in 1995, with diesel-range organics (DRO) confirmed at removal. Chlorinated solvents — including trichloroethylene (TCE) and tetrachloroethylene (PCE) — have been detected in groundwater and sub-slab vapor, with TCE in groundwater exceeding the NR 140 Preventive Action Limit by more than three times and vapor concentrations exceeding Wisconsin DNR screening levels, indicating an active vapor intrusion pathway. The site is an open Wisconsin DNR Environmental Remediation Program case with investigation and remediation work ahead. 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.
Truck service, repair, and solvent degreasing operations at this property began by at least 1975, with a 4,000-gallon gasoline underground storage tank and an 8,000-gallon waste and used oil tank in continuous use for years before their removal in 1986 and 1995, placing the origin of site contamination well before 1986. The groundwater investigation, vapor intrusion assessment, and remediation work still required to address chlorinated solvent and petroleum contamination under this open Wisconsin DNR Environmental Remediation Program case represent substantial future cost obligations that historical pre-1986 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.
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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.