This property has a documented industrial history dating to at least 1951, when fill material containing polycyclic aromatic hydrocarbons (PAHs), diesel-range organics (DRO), and metals was placed on the northern portion of the site. Truck repair operations were conducted on the property from approximately 1972 through 1986, and tetrachloroethylene (PCE) — a chlorinated solvent commonly used as an industrial degreaser — has been detected in groundwater near the former repair facility above Wisconsin's NR 140 Preventive Action Limit. PAHs have also been found above NR 720 groundwater protection standards in soil, and a Phase II Environmental Site Assessment has recommended further groundwater investigation and vapor intrusion pathway assessment as part of the active Wisconsin DNR Environmental Remediation Program case. 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.
Operations at this property date to at least 1951, when fill material containing PAHs, diesel-range organics, and metals was placed on site, and continued through truck repair activities conducted from approximately 1972 to 1986 that introduced chlorinated solvents such as tetrachloroethylene into groundwater — placing the full span of contaminating activity in the pre-1986 window. The groundwater investigation, vapor intrusion pathway assessment, and remediation still required under the Wisconsin DNR Environmental Remediation Program represent future cost obligations that historical pre-1986 insurance 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.