This downtown Oshkosh property spans twelve parcels with documented industrial and commercial use dating to 1890, including a cistern and cigar box factory, a paint company with oil storage (1903), electric sign manufacturing (1949), a sausage factory (1949–2005), and automotive and radiator repair shops operating from the late 1940s and 1950s. Historic urban fill material of unknown origins is present throughout the site, and polycyclic aromatic hydrocarbons (PAHs), arsenic, and lead have been confirmed in shallow soil and groundwater across fourteen monitoring wells — with multiple wells exceeding Wisconsin DNR NR 140 Enforcement Standards for benzo(a)pyrene, benzo(b)fluoranthene, chrysene, arsenic, and lead. A Site Investigation Report was approved in December 2024, and remedial excavation of approximately 4,467 cubic yards of contaminated soil is planned under Wisconsin DNR Environmental Remediation Program 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.
Industrial and commercial operations at this property began as early as 1890 and continued through multiple decades before 1986, including paint manufacturing with oil storage, electric sign production, meat processing, and automotive repair — activities during which industrial processes and urban fill introduced polycyclic aromatic hydrocarbons, arsenic, and lead into soil and groundwater across the site. The planned excavation of approximately 4,467 cubic yards of contaminated soil, continued groundwater investigation across fourteen monitoring wells, and long-term compliance monitoring required under Wisconsin DNR Environmental Remediation Program oversight represent substantial future costs that the pre-1986 carriers for the businesses that operated here 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.