This property has a documented history as a bulk fuel distribution terminal going back to 1960. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
Aerial photography from 1960 confirms a bulk petroleum facility operated at this property, and electrical infrastructure constructed in the 1970s included oil-filled equipment involved in a documented fire incident during that decade. PCBs have been detected in soil — a class of compounds banned by the EPA in 1979 — and a supplemental site investigation determined that petroleum and PCB contamination is associated with historical uses rather than current operations. Groundwater monitoring wells have confirmed benzene and naphthalene concentrations above Wisconsin NR 140 Enforcement Standards, along with PAHs, arsenic, and selenium above Preventive Action Limits, and a subgrade drain tile discharging to a Fox River tributary represents an additional potential surface water pathway. 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.
Bulk petroleum operations and the use of PCB-containing electrical equipment at this property date to at least 1960 and continued through the 1970s, placing the contaminating activities decades before 1986. The ongoing groundwater investigation, potential surface water mitigation, and remediation required to meet Wisconsin DNR closure standards under the Environmental Remediation Program 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.