An auto repair facility operated on the northwest portion of this property from at least 1933 through at least 1963, with the site's broader commercial history extending back to 1884 as documented by Sanborn fire insurance maps. Groundwater sampling from monitoring wells in September 2023 confirmed multiple exceedances of Wisconsin NR 140 enforcement standards, including benzene at ten times the enforcement standard, naphthalene at more than three times the standard, and elevated concentrations of trimethylbenzenes, ethylbenzene, xylenes, and arsenic. The site is 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.
Auto repair operations at this property began more than five decades before 1986 and continued through at least the early 1960s, with the heaviest groundwater contamination concentrated in the vicinity of those historical operations. The ongoing groundwater investigation, monitoring, and remediation required to address multiple NR 140 exceedances represent future costs that those 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.
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.