This property operated as an auto body and vehicle dismantling facility from the late 1970s, with hundreds of automobiles processed on-site and oils and fluids routinely drained during operations. A heating oil underground storage tank removed in the mid-1980s was found in poor condition, having released fuel oil to the ground with no cleanup performed at the time. A Phase II Environmental Site Assessment in June 2024 confirmed polycyclic aromatic hydrocarbons (PAHs) in groundwater — including acenaphthene, fluorene, phenanthrene, and 1-methylnaphthalene — and soil PAH concentrations exceeding NR 720 Soil to Groundwater Residual Contaminant Levels, confirming an active migration pathway. Wisconsin DNR rejected a No Action Required request, opened an Environmental Remediation Program case, and designated a responsible party. 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.
Vehicle dismantling, fluid-handling, and underground storage tank operations at this property began in the late 1970s and continued through the mid-1980s and beyond, placing the release of petroleum and PAHs into soil and groundwater squarely within the pre-1986 coverage window of the businesses that operated here. The site investigation, groundwater remediation, and ongoing monitoring and compliance work required to satisfy Wisconsin DNR's Environmental Remediation Program represent future costs that 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.
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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.