This property has a documented history as a public works and maintenance facility going back to 1960. 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.
Creosote-treated timber piles were installed at this former I-94 bridge abutment during interstate highway construction through Racine County in the late 1950s and early 1960s, and the contamination they introduced was discovered during bridge reconstruction work in 2018. Two 1,000-gallon underground storage tanks and a potential 300-gallon tank were also present at the south abutment. Groundwater monitoring wells installed in 2024 and sampled quarterly through April 2025 have confirmed benzene at 0.90 µg/L and naphthalene at 26 µg/L — both exceeding Wisconsin NR 140 preventive action limits — along with toluene detections in five of seven wells at concentrations up to 16 µg/L. The site remains an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation work continuing. 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.
The contamination at this site traces to creosote-treated timber piles and underground storage tanks installed during interstate highway construction through Racine County in the late 1950s and early 1960s — decades before 1986. The ongoing groundwater investigation, quarterly monitoring of benzene and naphthalene concentrations exceeding NR 140 preventive action limits, and future remediation required under the Wisconsin DNR Environmental Remediation Program represent costs that 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.
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.