This property has a documented history as an industrial and manufacturing facility going back to 1933. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing cleanup and groundwater monitoring obligations that Wisconsin DNR continues to oversee.
This property hosted industrial operations beginning in the early 1930s, with Sanborn fire insurance maps from 1933 to 1951 documenting a tin shop with a storage tank and a railroad spur serving the facility. A Phase II ESA confirmed a petroleum release from the historical underground storage tank, with petroleum volatile organic compounds detected in soil at the water table near the former tank location. Groundwater sampling revealed benzene at 3.8 µg/L and naphthalene at 18.8 µg/L — both exceeding Wisconsin NR 140 Preventive Action Limits — along with elevated concentrations of toluene, ethylbenzene, xylenes, isopropylbenzene, and n-propylbenzene. PAHs, lead, and arsenic have also been detected in shallow fill soils, and the site investigation remains active under Wisconsin DNR LUST 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.
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.
Industrial operations at this property began in the early 1930s — Sanborn fire insurance maps from 1933 through 1951 document a tin shop with an underground storage tank and a railroad spur — and a Phase II ESA has confirmed a petroleum release from that tank into soil and groundwater, placing the contaminating activities decades before 1986. The ongoing site investigation under Wisconsin DNR LUST program oversight, groundwater remediation needed to address benzene, naphthalene, and other petroleum compounds exceeding NR 140 Preventive Action Limits, and any additional cleanup and monitoring represent future costs that 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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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.