This property was constructed in 1961 for juice distribution operations and remained in continuous industrial use through at least 2003, with multiple underground storage tanks — including gasoline, diesel, and waste oil USTs — installed before 1986. Phase II investigation detected chlorinated solvents consistent with historical degreasing operations: sub-slab vapor concentrations of TCE at more than six times the Wisconsin Vapor Risk Screening Level and cis-1,2-DCE at thirteen times the screening level. Multiple PAHs and metals in soil exceeded Wisconsin soil-to-groundwater Residual Contaminant Levels, and a leaking floor drain system was confirmed as a direct contaminant pathway to surrounding unconsolidated materials and groundwater. 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.
Industrial operations at this property began in 1961 and continued for more than two decades before 1986, a period during which underground storage tanks were installed and chlorinated solvents, petroleum products, and metals entered the subsurface through routine industrial activity and leaking infrastructure. The site investigation, vapor intrusion assessment, groundwater remediation, and long-term monitoring still required to achieve Wisconsin DNR Environmental Remediation Program closure represent substantial future costs that the pre-1986 carriers of the businesses that operated here 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.