This property has been in industrial use since approximately 1912, beginning with grain and malting operations that continued through multiple operators for nearly a century. The site was filled with foundry sand in the early 1900s, which is the primary source of polycyclic aromatic hydrocarbon (PAH) and RCRA metal contamination, and Sanborn fire insurance maps from 1927, 1950, and 1968 document kilns, boiler rooms, grain silos, and multiple large fuel oil underground storage tanks on the property. Chlorinated volatile organic compounds — including tetrachloroethylene (PCE) and vinyl chloride — exceed Wisconsin NR 140 Enforcement Standards in site groundwater, and the Wisconsin DNR has not approved the Site Investigation Report, requiring additional investigation into the extent of chlorinated solvent contamination. 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.
Industrial operations at this property date to approximately 1912, with Sanborn fire insurance maps from 1927, 1950, and 1968 documenting kilns, boiler rooms, grain facilities, and multiple underground fuel oil storage tanks that were in continuous use through more than seven decades of activity before 1986. The additional groundwater investigation the Wisconsin DNR requires to delineate the full extent of chlorinated solvent contamination, along with the site remediation and long-term monitoring that will follow, represent substantial future cost obligations that historical pre-1986 carriers may be required 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.