This property has been in continuous industrial use since at least 1900, with historical operations including automobile repair garages, a printing company, freight handling, motorcycle repair, and machine shop operations. A 1,000-gallon gasoline underground storage tank was also utilized on site. Volatile organic compounds, polycyclic aromatic hydrocarbons (PAHs), and metals have been confirmed in soil and groundwater, with a Phase II ESA documenting benzene, ethylbenzene, naphthalene, toluene, trimethylbenzene, and xylenes exceeding Wisconsin NR 140 Enforcement Standards, as well as cis-1,2-DCE and vinyl chloride exceedances in exterior monitoring wells. The site is an active Wisconsin DNR Environmental Remediation Program case with a site investigation workplan submitted and investigation ongoing. 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.
This property has hosted continuous industrial operations since at least 1900 — including automotive repair, machining, printing, freight handling, and petroleum storage in a 1,000-gallon underground tank — all of which predate 1986 and contributed to the volatile organic compound, PAH, and metals contamination now confirmed in soil and groundwater. The ongoing Wisconsin DNR Environmental Remediation Program site investigation, future groundwater remediation, and all additional work required to achieve compliance with NR 140 Enforcement Standards represent substantial prospective costs that the CGL carriers insuring those pre-1986 operations 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.