This property has hosted multiple industrial operations predating 1986, including a bulk oil plant present before 1936, metal stamping works using cutting fluids, hydraulic oils, and cleaning solvents as documented on a 1950 Sanborn map, a gasoline service station with underground storage tanks from 1968 to 1982, and additional metal fabrication operations from the 1960s through the early 1970s. Chlorinated solvents — including TCE, PCE, carbon tetrachloride, and 1,1,1-TCA — along with petroleum VOCs have been confirmed in groundwater, with multiple compounds exceeding NR 140 Enforcement Standards in monitoring wells, and vapor mitigation systems have been installed to address vapor action level exceedances in an on-site building. Contamination has migrated off-site to the west and into the Mason Street public right-of-way, and the site remains an active Wisconsin DNR Environmental Remediation 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.
Industrial operations at this property — including bulk petroleum storage, metal stamping, solvent-based cleaning, and gasoline dispensing — were underway before 1936 and continued through the early 1980s, placing decades of contaminating activity in the pre-1986 window. The ongoing groundwater investigation, off-site contamination assessment, vapor mitigation, and remediation required to reach Wisconsin DNR closure 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.
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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.