This property has a documented history as an industrial and manufacturing facility going back to 1984. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property was developed for industrial use in 1984–1985, when the current facility was constructed and equipped with an underground hydraulic hoist, a 2,000-gallon waste oil underground storage tank, and a three-tank UST fueling system. A historic release of hydraulic fluid from the original 1984 hoist is the primary contamination source, with more than four feet of free product recovered from the subsurface and chlorinated solvent degradation products — including vinyl chloride above Wisconsin NR 140 Enforcement Standards and cis-1,2-DCE, PCE, and chloromethane above NR 140 Preventive Action Limits — confirmed in groundwater at multiple monitoring wells. The site is an active Wisconsin DNR Environmental Remediation Program case, and a groundwater use restriction is required as a condition of eventual case closure. 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.
Why Historical Insurance Policies May Be Accessible
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.
All contaminating infrastructure at this property — the hydraulic hoist, waste oil underground storage tank, and fueling system — was installed in 1984 and 1985, meaning the operations that caused the hydraulic fluid release and related groundwater contamination occurred entirely before 1986. The ongoing groundwater investigation, remediation of chlorinated solvent impacts including vinyl chloride and cis-1,2-DCE exceedances, continued monitoring, and the regulatory obligations that must be satisfied before Wisconsin DNR Environmental Remediation Program case closure represent future costs that the historical pre-1986 carriers for the businesses that operated here 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
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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.