This property has a documented history as a property with a heating oil tank going back to 1963. 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.
This property housed a fraternal club facility from at least 1963, with a 1,000-gallon fuel oil underground storage tank documented by the Green Bay Fire Department that same year. Site investigations have confirmed PCB aroclor-1260 in soil — a contaminant banned under federal law in 1979, establishing that contamination predates that year — along with polycyclic aromatic hydrocarbons (PAHs) and RCRA metals attributed to historic urban fill material present throughout the property. Arsenic concentrations exceeding Wisconsin NR 140 Preventive Action Limits have been detected in five of six temporary groundwater monitoring wells, and the site is surrounded by residential properties to the south and east. A Site Investigation Report has been approved by Wisconsin DNR under the Environmental Remediation Program, with remediation planning underway. 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.
Operations at this property — including use of a 1,000-gallon fuel oil underground storage tank documented as early as 1963 and activities that introduced PCBs necessarily predating their 1979 federal ban, along with legacy urban fill containing PAHs and RCRA metals — were well underway more than two decades before 1986. The remaining site investigation work, groundwater remediation to address arsenic concentrations exceeding NR 140 Preventive Action Limits, cleanup of PCB-impacted soils, and ongoing compliance monitoring required by Wisconsin DNR under the Environmental Remediation Program represent 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.
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
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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.