Industrial operations at this property date to at least 1972, with historical aerial photographs confirming facility construction by that year and a 6,000-gallon chemical underground storage tank in use before its removal in 1989. Volatile organic compounds — including 1,2-dichloroethane exceeding the NR 720 groundwater pathway RCL by more than thirty times and benzene at nearly five times its RCL — have been confirmed in soil within the adjacent WisDOT public right-of-way, and the pesticide breakdown product 4,4'-DDE detected at a separate boring indicates contamination predating 1972. The site is an active Wisconsin DNR Environmental Remediation Program case, with approximately 2,715 cubic yards of contaminated soil requiring excavation and off-site disposal. 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.
Chemical storage and industrial operations at this property began by at least 1972, as confirmed by historical aerial photographs showing facility construction that year and a 6,000-gallon chemical underground storage tank in use well before its 1989 removal, with pesticide breakdown products such as 4,4'-DDE indicating contamination that predates even that earliest documented activity. The substantial future and ongoing costs of this active Wisconsin DNR Environmental Remediation Program case — including excavation and off-site disposal of approximately 2,715 cubic yards of contaminated soil, further investigation of volatile organic compounds such as 1,2-dichloroethane and benzene found at multiples of their NR 720 groundwater pathway RCLs, and long-term groundwater monitoring and regulatory compliance — are costs that 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.
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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.