This property has a documented history as an industrial and manufacturing facility going back to 1969. Historical insurance policies issued during operations at this property and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property is associated with underground electrical transmission infrastructure that has been in operation since at least 1969, when mineral insulating oil was first placed into service in high-voltage underground cables at this location. A faulty weld in a cable casing was discovered in August 1993 after oil migrated to an adjacent manhole, and subsequent investigation confirmed free product on the groundwater table — a finding that led Wisconsin DNR to deny site closure in 1999. The DNR has continued to require investigation under the Environmental Remediation Program, including assessment of the nearby Greenfield Avenue Slip on the Kinnickinnic River, approximately 110 feet to the south, as a potential receptor. As of 2021, measurable mineral insulating oil continues to collect in the manhole, and the product has been in contact with the water table for more than 27 years. 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.
Why Historical Insurance Policies May Be Accessible
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.
The underground transmission cables at this site were placed into service in 1969 and have operated continuously since, meaning the mineral insulating oil that created the contamination was in use for nearly two decades before 1986. The ongoing degree-and-extent investigation, groundwater assessment, evaluation of the Kinnickinnic River as a receptor, and future remediation required to achieve Wisconsin DNR closure represent substantial future costs that those 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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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.