This property has a documented history as a public works and maintenance facility going back to 1950. 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 served as a bridge abutment site for the I-94 corridor, with creosote-treated timber piles installed during original highway construction in the 1950s and 1960s. A 500-gallon underground storage tank of pre-1986 vintage was also discovered near the north abutment during 2018 reconstruction work. Creosote-contaminated soil has been confirmed at the site, and groundwater sampling across seven monitoring wells installed in 2024 has revealed exceedances of Wisconsin NR 140 preventive action limits, including benzene at 0.90 µg/L and naphthalene at 26 µg/L, with toluene detected in five of the seven wells. The site is an active Wisconsin DNR Environmental Remediation Program case with quarterly groundwater monitoring ongoing. 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.
Creosote-treated timber piles were installed at this property during highway construction in the 1950s and 1960s, and a pre-1986 underground storage tank was operated near the north abutment, placing all contaminating activities at the site well before 1986. The ongoing quarterly groundwater monitoring across seven wells, continued investigation of confirmed benzene, naphthalene, and toluene exceedances of NR 140 preventive action limits, and future remediation required under the Wisconsin DNR Environmental Remediation Program represent substantial prospective costs that historical pre-1986 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.
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
The Restorical Proven Process
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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.