This property hosted a tin shop with metalworking operations and an underground storage tank from approximately 1933 to at least 1963, as documented by Sanborn fire insurance maps from that era, with a railroad spur serving the site during its industrial years. A Phase II Environmental Site Assessment confirmed petroleum volatile organic compounds in groundwater at the former UST location, with benzene detected at 3.8 µg/L — more than seven times the Wisconsin NR 140 preventive action limit — and naphthalene at 10.8 µg/L, also exceeding its screening threshold. Shallow fill soils contain elevated polycyclic aromatic hydrocarbons (PAHs), lead, and arsenic consistent with historical ash deposits and non-native fill materials, and a Wisconsin DNR review has identified potential for offsite migration and vapor intrusion risk to nearby residences. 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 operations at this property — including tin shop metalworking and underground storage tank use — began around 1933 and continued for approximately three decades, placing the release of petroleum products, metals, and contaminated fill materials squarely within the pre-1986 coverage window. With the Wisconsin DNR directing additional soil boring, groundwater monitoring near confirmed contamination zones, vapor intrusion assessment for nearby residences, and eventual remediation under the state's Environmental Remediation Program, the substantial investigation and cleanup costs ahead represent future obligations that historical carriers insuring this site's pre-1986 operations may be required 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.