This property was used for auto salvage operations beginning around 1968, with decades of parts cleaning, crankcase oil disposal, and drum burial generating extensive contamination across the site. PCBs (Aroclor-1260) have been confirmed in surface soil at concentrations up to 1,300 ppm, chlorinated solvents including trichloroethylene (TCE) and tetrachloroethylene (PCE) are present from historical parts-cleaning operations, and groundwater contamination far exceeds Wisconsin DNR enforcement standards — vinyl chloride at 135 times and benzene at more than three times their respective limits — with PFAS also detected at actionable levels. The U.S. EPA conducted a time-critical Superfund Removal Action in 2008, vapor action levels have been exceeded in indoor air, and PCB-contaminated stormwater runoff and sediment require coordinated EPA approval for remediation. The site remains an active Wisconsin DNR Environmental Remediation Program case with residential areas adjoining to the north and south. 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 and industrial operations at this property began around 1968 — nearly two decades before 1986 — and the PCBs, chlorinated solvents, and petroleum contamination detected across the site are attributable to those decades of pre-1986 activity. The extensive remediation work ahead, including groundwater treatment, PFAS investigation, vapor intrusion mitigation, and PCB-contaminated sediment management under coordinated EPA and Wisconsin DNR oversight, represents substantial 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.