This property operated as a gasoline service station and auto repair shop from 1941 through 1962, as documented by historical city directories and a 1949 Sanborn fire insurance map, and separately hosted dry-cleaning operations that produced extensive chlorinated solvent contamination. Seven abandoned underground storage tanks from the fueling era were discovered and removed in December 2022, while tetrachloroethylene (PCE) concentrations in soil reaching 6,650,000 µg/kg point to decades of dry-cleaning solvent discharge predating 1986. Groundwater sampling has confirmed PCE at 2,270 µg/L and trichloroethylene (TCE) at 52.6 µg/L — both far exceeding Wisconsin's NR 140 Enforcement Standards of 5 µg/L — and the building was vacated by 2020 due to vapor intrusion concerns. 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.
Fueling and auto repair operations at this property began in 1941, and the site's dry-cleaning operations discharged chlorinated solvents over what soil concentrations indicate were decades of use predating 1986, placing the contaminating activities squarely in the pre-1986 window. The ongoing groundwater investigation, vapor intrusion assessment, soil remediation, and site closure work required under Wisconsin DNR Environmental Remediation Program oversight 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.