This property has a documented history as an industrial and manufacturing facility going back to 1940. 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 in Madison was first developed by 1885, with a radiator repair shop operating on the northwestern portion of the site by the 1940s and continuing through the pre-1986 era. Petroleum-related volatile organic compounds and polycyclic aromatic hydrocarbons — including naphthalene, benzene, and methylnaphthalenes — have been detected in soil beneath the former shop area at concentrations exceeding Wisconsin NR 720 residual contaminant levels, consistent with decades of radiator repair operations. Groundwater sampling from temporary well TW-2 confirmed naphthalene at six times the NR 140 preventive action limit, along with elevated concentrations of methylnaphthalenes, trimethylbenzenes, and other petroleum compounds. Wisconsin DNR has approved a Site Investigation Report, Remedial Action Plan, and Materials Management Plan under the Environmental Remediation Program, with active remediation now underway. 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.
Radiator repair operations at this property began by the 1940s and continued for decades before 1986, generating petroleum contamination — including naphthalene, benzene, and related compounds — now detected in soil and groundwater at concentrations exceeding Wisconsin NR 720 and NR 140 standards. The ongoing soil remediation, continued groundwater investigation, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program represent substantial future costs that insurance carriers for 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
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.