This property was constructed in 1951 and hosted continuous commercial and service operations from at least 1960 through 2005, spanning approximately six decades of retail, repair, and warehousing activity. Contaminated fill material containing trichloroethylene (TCE), other chlorinated volatile organic compounds, and polycyclic aromatic hydrocarbons (PAHs) was imported to the site, with fill documented in the upper eight to twelve feet of subsurface soils. A Limited Site Investigation in 2014 confirmed groundwater contamination exceeding Wisconsin NR 140 Enforcement Standards in all three temporary monitoring wells, with TCE measured at 23.2 µg/L and vinyl chloride at 13.9 µg/L in the most impacted well, and cis-1,2-dichloroethylene also above Enforcement Standards. The site remains an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation work continuing. 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.
Commercial operations at this property began in the early 1950s and continued for more than three decades before 1986, and the contaminated fill imported to the site during that era confirms that the contaminating activity occurred well within the pre-1986 window. The groundwater remediation, contaminated fill removal, and ongoing monitoring and compliance work under Wisconsin DNR oversight 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.