This property operated as an automotive salvage yard from 1980 through 2024, with vehicle dismantling, hazardous substance handling, and petroleum storage activities spanning more than four decades. Fill materials including coal, glass, brick, and metal scrap were encountered across the site in shallow borings, and petroleum odors were identified near former dismantling areas. A Phase II Environmental Site Assessment confirmed lead, polycyclic aromatic hydrocarbons (PAHs), and benzene in soil, while groundwater sampling revealed benzene and arsenic exceeding Wisconsin NR 140 standards, with the contaminated groundwater migrating north-northwest toward Green Bay. 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.
Automotive salvage operations at this property began in 1980 — six years before the 1986 threshold — with vehicle dismantling and hazardous substance handling ongoing throughout that pre-1986 window. The additional groundwater investigation, ongoing monitoring, and remediation work required under Wisconsin DNR Environmental Remediation Program oversight represent future costs that those 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.