This property was used for vehicle salvage and scrapyard operations, with leaded and unleaded gasoline contamination confirmed by a Phase II Environmental Site Assessment. The presence of leaded gasoline — phased out nationally in the mid-1980s — and weathered petroleum compounds establish that contaminating activity predates 1986. Groundwater sampling revealed concentrations of benzene, toluene, ethylbenzene, xylenes, and trimethylbenzenes far exceeding Wisconsin NR 140 Enforcement Standards, with toluene measured at 12,000 µg/L and total xylenes at 11,030 µg/L at one boring location. The site is an active Wisconsin DNR Environmental Remediation Program case, and a November 2025 determination that the Site Investigation Report was not approved confirms that additional work is required to define the full degree and extent of contamination. 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.
Vehicle salvage and scrapyard operations at this property handled petroleum products — including leaded gasoline, which was phased out nationally by the mid-1980s — and the presence of weathered petroleum compounds in soil and groundwater confirms that contaminating activity occurred before 1986. The additional site investigation required by the Wisconsin DNR Environmental Remediation Program to define the full degree and extent of contamination, the remediation necessary to address groundwater exceedances of NR 140 Enforcement Standards, and long-term compliance monitoring represent future costs that the historical pre-1986 carriers for the businesses that operated here 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.