This property operated as an auto salvage yard with confirmed activity dating to at least the 1990s and suggestive evidence of operations as early as the 1970s, with Wisconsin DNR referencing historic contamination at the site. A Phase II Environmental Site Assessment identified PFAS contamination across all six groundwater monitoring samples, with PFOA concentrations reaching 113 ng/L against a 4 ng/L federal MCL, PFOS reaching 103 ng/L, and PFHxS exceeding the 10 ng/L MCL in multiple samples. Total chromium was also detected slightly above Wisconsin NR 140 preventive action limits. The site is an active Wisconsin DNR Environmental Remediation Program case with further investigation and remediation work ahead. 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.
Phase I and Phase II assessment evidence suggests that salvage operations at this property may have begun as early as the 1970s, placing potentially contaminating activity in the pre-1986 window. The groundwater investigation, PFAS remediation, and ongoing monitoring required to address concentrations well above federal drinking water standards represent future costs that 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.
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.