Auto repair operations at this property date to at least 1978, with six underground storage tanks — including waste oil, chemical, and used motor oil tanks — and four hydraulic vehicle hoists with underground reservoirs supporting decades of vehicle service work. Trichloroethylene (TCE) has been detected in a potable well at nearly three times the Wisconsin NR 140 enforcement standard, chloromethane exceeds preventive action limits in shallow groundwater, and polycyclic aromatic hydrocarbon (PAH) compounds in soil exceed NR 720 groundwater pathway standards at multiple sampling locations. The site is an active Wisconsin DNR Environmental Remediation Program case, with Phase II investigation confirming the property as a low-level VOC and PAH source potentially contributing to the broader groundwater plume in the area. 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.
Auto repair operations involving underground storage tanks and hydraulic hoist reservoirs were active at this property from at least 1978 through the mid-1980s, placing decades of potential contamination sources squarely within the pre-1986 coverage window. The ongoing Phase II investigation, groundwater remediation to address TCE and chloromethane exceedances, soil cleanup for PAH impacts exceeding NR 720 pathway standards, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program represent future costs that carriers insuring the businesses that operated here before 1986 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.