This property has a documented history as an industrial and manufacturing facility going back to 1970. 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 operated as a petroleum refinery since at least the 1970s, with documented releases including multiple spills dating to 1978, a leaking underground storage tank case in 1984, and additional spills in 1985. Petroleum contamination from decades of refinery operations has impacted soil and groundwater, and PFAS compounds from aqueous film-forming foam (AFFF) fire suppressant have been detected above Wisconsin recommended protective action limits in groundwater. Contamination has migrated to the adjacent Newton Creek and a public right-of-way ditch, and a facility-wide groundwater monitoring network of 23 wells and eight piezometers is in place under active Wisconsin DNR Environmental Remediation Program oversight. 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.
Refinery operations at this site began at least a decade before 1986, with documented petroleum releases spanning from 1978 through 1985 placing the contaminating activity firmly in the pre-1986 window. The facility-wide groundwater investigation, surface water assessment, PFAS remediation, and long-term monitoring 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.
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.