This property has a documented history as an industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property operated as a storage tank manufacturing and welding facility, with three fuel oil underground storage tanks removed in 1997 — their size and lifecycle consistent with installation well before 1986. Trichloroethylene (TCE), a chlorinated solvent commonly used as an industrial degreaser, is the primary contaminant, and its extensive breakdown products — including vinyl chloride at 173 µg/L and cis-1,2-DCE at 195 µg/L, both far exceeding Wisconsin NR 140 enforcement standards — indicate a discharge that has been degrading in groundwater for decades. Groundwater contamination has migrated off-site, with monitoring wells on adjacent railroad property confirming vinyl chloride above enforcement standards, and the site remains an active Wisconsin DNR Environmental Remediation Program case with additional investigation required. 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.
Industrial manufacturing and welding operations at this property were active well before 1986, with underground storage tanks installed during that era and removed in 1997, and the extensive pattern of TCE breakdown products in groundwater — including vinyl chloride and cis-1,2-DCE at concentrations far exceeding NR 140 enforcement standards — confirms a discharge that originated decades ago during the pre-1986 operating period. The additional groundwater investigation, off-site contamination assessment on adjacent properties, ongoing monitoring, and remediation that the Wisconsin DNR Environmental Remediation Program continues to require at this active case represent future costs that CGL carriers covering 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.
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
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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.