This property has a documented commercial and industrial history dating to at least 1945, when a Sanborn fire insurance map recorded a filling station with four underground gasoline tanks on the southwest portion of the site. Decades of additional pre-1986 operations — including automotive repair shops, a print shop, and laundry and dry-cleaning facilities on or adjacent to the property — contributed to a complex contamination profile. A Phase II Environmental Site Assessment completed in March 2024 confirmed groundwater contamination exceeding Wisconsin NR 140 Enforcement Standards for tetrachloroethylene (PCE), chloroform, and bromodichloromethane, with trichloroethylene (TCE) and methylene chloride exceeding Preventive Action Limits, while lead and polycyclic aromatic hydrocarbons (PAHs) have been identified in soil associated with historic urban fill. 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.
Filling station operations documented at this property as early as 1945, along with decades of dry-cleaning solvent use, automotive repair, printing, and other commercial and industrial activities on and adjacent to the site, were all underway well before 1986. The ongoing Wisconsin DNR Environmental Remediation Program investigation, groundwater remediation needed to address NR 140 Enforcement Standard exceedances for chlorinated solvents, and vapor intrusion assessment work ahead represent future costs that the historical CGL carriers insuring 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.