This property has served as a heavy equipment dealership with maintenance and repair operations since the late 1950s, with the main office and maintenance garage constructed circa 1957 and a training building added circa 1960. Tetrachloroethylene (PCE) and trichloroethylene (TCE) from parts washers and degreasers used during active operations have contaminated groundwater across seven monitoring wells, with PCE concentrations exceeding Wisconsin DNR NR 140 preventive action limits by more than tenfold at some locations. Sub-slab vapor PCE levels and indoor air PCE concentrations also exceed their respective commercial screening and action levels, confirming active vapor intrusion into the on-site building. The site is an open Wisconsin DNR Environmental Remediation Program case with additional investigation ongoing around historical degreaser locations. 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.
Maintenance and repair operations using chlorinated solvent degreasers began at this property in the late 1950s and continued through the mid-1980s, meaning nearly three decades of PCE and TCE releases into soil and groundwater originated well before 1986. The ongoing groundwater investigation across multiple monitoring wells, vapor intrusion assessment and mitigation for the on-site building, and remediation of the chlorinated solvent plume required under the Wisconsin DNR Environmental Remediation Program represent substantial future costs 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.
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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.