This property hosted auto repair and service operations from 1949 through 2024, with Sanborn fire insurance maps confirming commercial and industrial use at the location as far back as 1892. A 4,000-gallon underground storage tank discovered during 2024 demolition activities released approximately 2,000 gallons of fuel oil, and subsequent investigation confirmed petroleum VOCs and chlorinated VOCs — including 1,2-dichloroethane and trichloroethylene (TCE) — exceeding Wisconsin DNR Enforcement Standards in groundwater at multiple monitoring locations, with light non-aqueous phase liquid (LNAPL) also present. The site is an active Wisconsin DNR LUST program case with site investigation and interim remedial action underway. 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.
Auto repair, spray booth, and petroleum storage operations at this property began in 1949 and continued for decades before 1986, with Sanborn fire insurance maps documenting commercial and industrial use at the location as early as 1892. The ongoing groundwater investigation, LNAPL recovery, vapor intrusion assessment necessitated by TCE contamination, and remediation required to achieve Wisconsin DNR LUST program closure represent future costs that historical pre-1986 carriers of 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.