This property has been in industrial use since at least 1966, when aerial photographs confirm salvage yard operations were already underway, with approximately 20 acres dedicated to tire storage by 1980 and bulk chemicals stored in drums and aboveground storage tanks during decades of salvage operations. A Phase II environmental investigation detected tetrahydrofuran in lysimeter water at 22 times the Wisconsin DNR Enforcement Standard and vinyl chloride at nine times the Preventive Action Limit, while historical groundwater monitoring from 1987 through 1995 documented cadmium and zinc above WDNR groundwater quality standards. The site is registered as a historic fill site established before 1970 and remains an active Environmental Remediation Program case under Wisconsin DNR oversight. 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.
Salvage yard operations involving hazardous substances, bulk chemical storage in drums and aboveground tanks, and large-scale tire stockpiling were underway at this property by at least 1966 and continued through the two decades preceding 1986. The groundwater investigation, remediation of chlorinated solvent and heavy metal contamination, and ongoing monitoring required to achieve Wisconsin DNR Environmental Remediation Program closure standards represent future costs that carriers who issued general liability policies to 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.