This property hosts petroleum pipeline valve station infrastructure that has been in place since the 1950s, with multiple transmission lines passing through the site for more than six decades. A pinhole leak on a line connected to one of the pipeline valves was identified in 2023, and groundwater monitoring at MW-1 has confirmed benzene concentrations reaching 187 µg/L — more than 37 times the Wisconsin DNR enforcement standard of 5 µg/L. The site is an active Environmental Remediation Program case with a continuing obligation under NR 140, and investigation and remediation work remains ongoing 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.
Petroleum pipeline operations at this property began in the 1950s, with multiple transmission lines in continuous use for more than three decades before 1986. The ongoing groundwater investigation, benzene remediation, and long-term compliance monitoring required under Wisconsin DNR oversight and NR 140 represent future 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.
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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.