This property served as a trucking terminal and vehicle repair facility from the 1940s through approximately 1992, with three underground storage tanks containing gasoline and diesel fuel removed in 1984. Foundry slag fill is present across much of the site, visible in aerial photographs dating back to 1964, and trichloroethylene (TCE) — a solvent commonly used in vehicle repair degreasing operations — has been identified in site investigations. A Phase II Environmental Site Assessment confirmed groundwater contamination exceeding Wisconsin NR 140 Preventive Action Limits, with benzene detected at 0.7 µg/L and 1,2-dichloroethane at 0.66 µg/L, and petroleum contamination was discovered in the adjacent First Avenue public right-of-way during sewer installation in 1996. 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.
Industrial and commercial operations at this property — including trucking terminal and vehicle repair activities, underground storage of gasoline and diesel fuel, use of chlorinated solvents such as trichloroethylene, and placement of foundry slag fill — began in the 1940s and continued for more than four decades before 1986. The ongoing Environmental Remediation Program investigation, groundwater remediation to address contaminant levels exceeding NR 140 Preventive Action Limits, and any required vapor intrusion assessment represent future costs that the CGL carriers for the businesses that operated here before 1986 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.