This property has a documented history as an industrial and manufacturing facility predating 1986. 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.
An undocumented 400–500-gallon underground storage tank containing leaded and unleaded gasoline was identified on this property during a Phase I Environmental Site Assessment, with no record of physical removal or post-closure soil testing. A Phase II ESA confirmed petroleum contamination in both soil and groundwater, with benzene detected in a monitoring well at more than 24 times the Wisconsin NR 140 enforcement standard of 5.0 ppb. Additional petroleum compounds — including ethylbenzene, toluene, xylenes, trimethylbenzenes, and naphthalene — were also confirmed in groundwater. The site is an active Wisconsin DNR Environmental Remediation Program case in the early stages of investigation, with a remedial work plan pending. 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.
The presence of leaded gasoline — a product phased out of commercial use by the mid-1990s — and the undocumented status of the underground storage tank indicate that fuel storage operations at this property predate 1986. The groundwater investigation, full site characterization, and remediation required under the Wisconsin DNR Environmental Remediation Program to address benzene concentrations exceeding the NR 140 enforcement standard by more than 24 times represent substantial future costs that CGL carriers insuring the businesses that operated here before 1986 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.