This property has operated as an auto repair and auto body shop since the 1960s, with historical use confirmed by Phase 2.5 ESA review, Village Clerk interviews, and aerial photographs dating to 1938. Leaded gasoline, petroleum volatile organic compounds, lead, and trichloroethylene (TCE) have been detected in soil at depths of one to fifteen feet below ground surface, and contamination has migrated beyond the property boundary into the adjacent STH 47 public right-of-way, where more than 181 tons of contaminated soil were removed during highway construction. The site is an active Wisconsin DNR Environmental Remediation Program case with a site investigation workplan underway to define the full extent of contamination. 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.
Auto body and repair operations at this property began in the 1960s, as confirmed by a Phase 2.5 ESA review, Village Clerk interviews, and aerial photographs dating to 1938, placing more than two decades of contaminating activity before 1986. Completing the active Wisconsin DNR Environmental Remediation Program site investigation, delineating the full extent of petroleum compounds, lead, and trichloroethylene contamination that has migrated beyond the property boundary into the adjacent STH 47 public right-of-way, and carrying out the remediation and long-term monitoring ahead represent future costs that pre-1986 carriers insuring 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.
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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.