This property served as an active rail corridor beginning in 1884, with continuous railroad operations documented by Sanborn fire insurance maps through 1956. An adjoining bulk petroleum storage facility operated from at least 1895 through approximately 1980, and multiple filling stations and bulk oil facilities operated adjacent to the corridor from the 1930s through the 1980s, contributing petroleum contamination that migrated onto the property. A Phase II Environmental Site Assessment confirmed groundwater contamination, with arsenic, chromium, lead, naphthalene, and benzene exceeding Wisconsin NR 140 Preventive Action Limits and Enforcement Standards across multiple monitoring wells, alongside historic urban fill material containing PAHs and RCRA metals. 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.
Railroad and petroleum storage operations along this corridor began as early as 1884 and continued through approximately 1980, placing decades of contamination-causing activity squarely within the pre-1986 policy period. The site investigation, groundwater remediation for arsenic, petroleum compounds, and other contaminants exceeding NR 140 standards, engineered capping of historic fill, and long-term groundwater monitoring required under Wisconsin DNR Environmental Remediation Program oversight represent substantial future costs that the historical carriers insuring pre-1986 operations at this property 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.