This property hosted multiple industrial operations dating to the 1880s, including lumber and woodworking facilities, a railroad roundhouse with spur operations from 1895 through the 1980s, and bulk petroleum storage and distribution from 1912 through at least 1927. A 2021 site investigation attributed petroleum impacts in groundwater — including benzene exceeding Wisconsin NR 140 enforcement standards — to former bulk fuel storage activities, while sitewide black granular fill contains polycyclic aromatic hydrocarbons (PAHs) and RCRA metals dating to 19th-century filling operations. Additional petroleum volatile organic compounds and PFAS have been detected in groundwater above NR 140 standards, and the site remains an active Wisconsin DNR Environmental Remediation Program case with remedial action planning underway. 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 and bulk fuel storage operations at this property began in the late 19th century and continued through the 1980s, placing more than a century of contaminating activity in the pre-1986 window. The ongoing groundwater investigation, remedial action implementation, and long-term monitoring required to address petroleum, PAH, metal, and PFAS contamination 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.