This property has been used for petroleum processing operations since at least 1978, with multiple documented spills occurring at the facility between 1978 and 1986. Petroleum contamination in soil and groundwater has been confirmed, with groundwater exceeding Wisconsin NR 140 Enforcement Standards. The site is an active Wisconsin DNR Environmental Remediation Program case, with ongoing annual groundwater monitoring since at least 2015 and continuing obligations that include soil contamination at industrial levels and structural impediments to cleanup. 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.
Petroleum processing operations at this facility began at least eight years before 1986, with multiple documented contamination events occurring during the pre-1986 period. The ongoing groundwater monitoring, soil remediation, and compliance work required under the negotiated agreement with Wisconsin DNR represent future costs that those historical 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.
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.