This property hosted munitions manufacturing operations from 1904 to 1971, with contamination first discovered during environmental assessment in 1980. Soil and groundwater sampling dating to 1981 has confirmed the presence of munitions-related compounds and trichloroethylene (TCE), and extensive off-site groundwater contamination led to at least six private water supply wells testing positive for contaminants and the eventual connection of affected residents to a municipal water supply. The site remains an active Wisconsin DNR Environmental Remediation Program case, with ongoing groundwater monitoring showing increasing concentrations in some wells between the 2016 and 2023 sampling rounds. 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 operations at this property began in 1904 and continued for more than six decades before 1986, placing the contaminating activity squarely within the pre-1986 window. The extensive groundwater monitoring program, continued private well sampling, and remediation work required to address rising contaminant concentrations represent future costs that those historical 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.