This property hosted a succession of commercial and industrial operations dating to the 1890s, including cooper shops, blacksmiths, dry-cleaning facilities (1930–1965), gasoline storage, and auto repair and painting operations. Structures were razed between 1967 and 1969, and the site was redeveloped as a public park between 1970 and 1979 using imported historic fill — foundry slag, ash, cinders, brick, concrete, and glass — extending to sixteen feet below ground surface. A 12,000-gallon fuel oil underground storage tank was removed from the site in 1993. Polycyclic aromatic hydrocarbons (PAHs) now exceed NR 140 Enforcement Standards in groundwater monitoring wells, dissolved metals including arsenic, selenium, and barium exceed NR 140 Preventive Action Limits, and metals in soil exceed NR 720 groundwater pathway residual contaminant levels across numerous locations, with contamination presumed to extend to the property boundary along public rights-of-way. 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.
The contamination at this site traces to commercial and industrial operations conducted from the 1890s through the 1960s — including dry-cleaning facilities, gasoline storage, and auto repair — and to historic fill material deposited during the 1970s redevelopment, placing all contaminating activities well before 1986. Completing the Wisconsin DNR site investigation, remediating groundwater where PAH concentrations exceed NR 140 Enforcement Standards, addressing dissolved metals and soil contamination across the property, and maintaining the cap over contaminated berm areas represent substantial future costs that carriers insuring the businesses that operated here before 1986 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.