The pipeline corridor at this property has been operational since the 1950s, with decades of petroleum transport and associated industrial activity predating 1986. Site investigations have identified trichloroethylene (TCE) in groundwater at concentrations above Wisconsin DNR preventive action limits — a contaminant consistent with historical degreasing operations at pipeline facilities rather than the more recent diluent release that triggered the current investigation. Benzene concentrations in groundwater reach 21,000 µg/L at one monitoring well, far exceeding NR 140 enforcement standards, and seventeen potable wells within 1,500 feet have been sampled across multiple rounds from 2021 through 2026. An active soil vapor extraction system and monitored natural attenuation program are ongoing under 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.
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.
Pipeline operations at this site date to the 1950s, placing decades of industrial activity — including the use of chlorinated solvents such as TCE for equipment degreasing — squarely in the pre-1986 window. The ongoing soil vapor extraction, groundwater monitoring, potable well sampling, and remaining remediation work represent 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.
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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.