This property operated as an auto salvage yard from approximately the mid-1940s through the early 1980s, generating contamination consistent with decades of vehicle dismantling and fluid handling. A 2003 Phase II Environmental Site Assessment confirmed soil contamination exceeding Wisconsin NR 720 residual contaminant levels, identifying volatile organic compounds, polycyclic aromatic hydrocarbons, PCBs, RCRA metals, and waste oil across the site. Eight monitoring wells have been installed with two rounds of groundwater sampling completed, PFAS compounds have been detected at actionable levels, a TSCA PCB notification has been filed with US EPA, and Wisconsin DNR has directed additional investigation off-site near the northeast corner of the parcel. 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 salvage operations at this site spanned roughly four decades before 1986, placing the contaminating activity entirely within the pre-1986 window. The remaining site investigation — including off-site delineation, groundwater remediation, PFAS response, and the work required to satisfy Wisconsin DNR Environmental Remediation Program closure requirements — represents a substantial future cost obligation 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.