This property operated as a lumberyard and wood treatment facility from 1937 through at least 1996, with operations involving petroleum products, creosotes, phenols, and hazardous substances including chromated arsenic and zinc chloride. A Phase II Environmental Site Assessment confirmed groundwater contamination related to historic fill materials from these operations, with vinyl chloride detected at 29 times the Wisconsin DNR enforcement standard, multiple polycyclic aromatic hydrocarbons exceeding preventive action limits, and elevated dissolved arsenic. The site is an active Wisconsin DNR Environmental Remediation Program case with further investigation and remediation work directed. 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.
Wood treatment and industrial operations at this property began in 1937 and continued for decades before 1986, placing the contaminating activity squarely in the pre-1986 window. The groundwater investigation, remediation of contaminated fill materials, and long-term monitoring required under Wisconsin DNR oversight represent future costs that those historical 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.