This property has a documented history as a public works and maintenance facility going back to 1982. Historical insurance policies issued during operations at this property and through 1986 could help fund the ongoing cleanup and groundwater monitoring obligations that Wisconsin DNR continues to oversee.

Why Historical Insurance Policies May Be Accessible

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.

Fuel oil storage and power generation operations at this property date to at least 1982, placing years of active operations — and the approximately 6,000-gallon fuel oil release that contaminated groundwater with petroleum constituents — squarely within the pre-1986 window. The ongoing groundwater investigation, sediment and surface water evaluation along the Fox River and Kankapot Creek, and the remediation required under the Wisconsin DNR LUST program 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.