This property has a documented history as an auto body / repair shop going back to 1960. 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 has been used for autobody repair, painting, and automobile service since at least the 1960s, with parts washers employing chlorinated solvents and waste oil stored in aboveground tanks on bare ground. A Phase II Environmental Site Assessment confirmed tetrachloroethylene (PCE) in groundwater at 37 times the NR 140 Enforcement Standard and trichloroethylene (TCE) also exceeding the Enforcement Standard, while PCE in soil exceeded the NR 720 Soil-to-Groundwater residual contaminant level. The site is an active Wisconsin DNR Environmental Remediation Program case, with the Site Investigation Report not yet approved, a vapor intrusion investigation underway, and the full extent of contamination still being delineated. 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.
Autobody and automobile service operations at this property began decades before 1986, and the chlorinated solvents and waste oil used throughout those years are the documented source of the contamination now under investigation. The ongoing groundwater investigation, vapor intrusion assessment, and remediation work required to reach Wisconsin DNR closure represent future costs that those 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
The Restorical Proven Process
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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.