This property has a documented industrial history dating to the early 1900s, with meat processing, fuel oil storage, and coal and fuel distribution operations confirmed by 1942 and 1950 Sanborn fire insurance maps. Two 250,000-gallon fuel oil aboveground storage tanks with pump house and distribution piping served the property for decades before being removed in 2001 and 2016, and a fuel oil release triggered a Wisconsin DNR case as early as 1989. Coal storage residuals — including arsenic, polycyclic aromatic hydrocarbons (PAHs), and metals — are documented across the property, with contamination co-mingled from multiple pre-1986 industrial sources. Groundwater monitoring wells have confirmed benzene and naphthalene at concentrations exceeding NR 140 preventive action limits, and Wisconsin DNR has confirmed contamination extending into the adjacent railroad right-of-way. 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.
Industrial operations at this property began in the early 1900s and continued for decades before 1986, with fuel oil storage, meat processing, and coal distribution all contributing to a complex, co-mingled contamination profile. The multi-source investigation, groundwater remediation, and ongoing Environmental Remediation Program compliance work ahead represent substantial future costs that those historical 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.