This property served as a hospital and medical center from at least 1953 through 2014, with Sanborn fire insurance maps from the 1950s and 1960s confirming fuel oil heating systems, ether and solvent storage, and bulk petroleum infrastructure including underground and aboveground storage tanks dating to at least 1952. Tetrachloroethylene (PCE), polycyclic aromatic hydrocarbons (PAHs), and other volatile organic compounds have been detected above Wisconsin DNR soil standards, consistent with decades of institutional operations predating 1986. The former hospital site was subsequently redeveloped as a residential subdivision, and a vapor intrusion investigation is now underway at occupied homes, with sub-slab vapor sampling confirming PCE beneath at least one residence — prompting involvement from Wisconsin DNR, the Wisconsin Department of Health Services, and Manitowoc County Health. 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.
Institutional operations involving bulk petroleum storage, fuel oil heating systems, and hazardous substance use — including ether, solvents, and volatile organic compounds — began at this property by at least 1952 and continued for more than three decades before 1986. The active vapor intrusion investigation at occupied residences, ongoing sub-slab vapor sampling, soil and groundwater assessment, and the remediation work required under Wisconsin DNR oversight to address PCE and other contamination that has migrated beneath homes represent substantial future costs that 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.
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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.